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SECOND REGULAR SESSION
HOUSE BILL NO. 2604
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE POLLITT .
5299H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 167.020 and 167.151, RSMo, and to enact in lieu thereof fourteen new
sections relating to admission of nonresident pupils, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 167.020 and 167.151, RSMo, are repealed and fourteen new
2 sections enacted in lieu thereof, to be known as sections 167.020, 167.151, 167.1200,
3 167.1205, 167.1210, 167.121 1, 167.1212, 167.1215, 167.1220, 167.1224, 167.1225,
4 167.1227, 167.1229, and 167.1230, to read as follows:
167.020. 1. As used in this section and in section 167.022, the following terms mean:
2 (1) "Behavioral threat assessment", records associated with an evaluation of a student
3 who has shown or demonstrated:
4 (a) Homicidal or suicidal ideation;
5 (b) Planning an attack on a school, other students, faculty , staf f, or administration; or
6 (c) Behavior that puts students, faculty , staff , or administration at risk for harm;
7 (2) "Homeless child" or "homeless youth", a person less than twenty-one years of age
8 who lacks a fixed, regular and adequate nighttime residence, including a child or youth who:
9 (a) Is sharing the housing of other persons due to loss of housing, economic hardship,
10 or a similar reason; is living in motels, hotels, or camping grounds due to lack of alternative
11 adequate accommodations; is living in emer gency or transitional shelters; is abandoned in
12 hospitals; or is awaiting foster care placement;
13 (b) Has a primary nighttime residence that is a public or private place not designed for
14 or ordinarily used as a regular sleeping accommodation for human beings;
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.
15 (c) Is living in cars, parks, public spaces, abandoned buildings, substandard housing,
16 bus or train stations, or similar settings; and
17 (d) Is a migratory child or youth who qualifies as homeless because the child or youth
18 is living in circumstances described in paragraphs (a) to (c) of this subdivision;
19 (3) "Personal safety plan", an agreement based upon the findings of the behavioral
20 threat assessment record between the school and the students' parents or guardians, or
21 between the school and the student if the student is emancipated or an unaccompanied youth
22 as defined in section 210.121, that:
23 (a) Stipulates rules for attendance at the school;
24 (b) Provides benchmarks that allow for the student to be released from the personal
25 safety plan over time; and
26 (c) Provides immediate access to a trusted adult for the student with the personal
27 safety plan.
28 2. (1) In order to register a pupil, the pupil or the parent or legal guardian of the
29 pupil [ or the pupil himself or herself ] shall provide, at the time of registration, one of the
30 following:
31 [ (1) ] (a) Proof of residency in the district. Except as otherwise provided in section
32 167.151, the term "residency" shall mean that a person both physically resides within a school
33 district and is domiciled within that district or , in the case of a private school student
34 suspected of having a disability under the Individuals W ith Disabilities Education Act, 20
35 U.S.C. Section 141 1 et seq., as amended, that the student attends private school within that
36 district. The domicile of a minor child shall be the domicile of a parent, military guardian
37 pursuant to a military-issued guardianship or court-appointed legal guardian. For instances in
38 which the family of a student living in Missouri co-locates to live with other family members
39 or live in a military family support community because one or both of the child's parents are
40 stationed or deployed out of state or deployed within Missouri under active duty orders under
41 T itle 10 or T itle 32 of the United States Code, the student may attend the school district in
42 which the family member's residence or family support community is located. If the active
43 duty orders expire during the school year , the student may finish the school year in that
44 district;
45 [ (2) ] (b) Proof that the person registering the student has requested a waiver under
46 subsection 3 of this section within the last forty-five days; or
47 [ (3) ] (c) Proof that one or both of the child's parents are being relocated to the state of
48 Missouri under military orders.
49 (2) In instances where there is reason to suspect that admission of the pupil will create
50 an immediate danger to the safety of other pupils and employees of the district, the
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51 superintendent or the superintendent's designee may convene a hearing within five working
52 days of the request to register and determine whether or not the pupil may register .
53 3. Any person subject to the requirements of subsection 2 of this section may request
54 a waiver from the district board of any of those requirements on the basis of hardship or good
55 cause. Under no circumstances shall athletic ability be a valid basis of hardship or good cause
56 for the issuance of a waiver of the requirements of subsection 2 of this section. The district
57 board or committee of the board appointed by the president and which shall have full
58 authority to act in lieu of the board shall convene a hearing as soon as possible, but no later
59 than forty-five days after receipt of the waiver request made under this subsection or the
60 waiver request shall be granted. The district board or committee of the board may grant the
61 request for a waiver of any requirement of subsection 2 of this section. The district board or
62 committee of the board may also reject the request for a waiver in which case the pupil shall
63 not be allowed to register . Any person aggrieved by a decision of a district board or
64 committee of the board on a request for a waiver under this subsection may appeal such
65 decision to the circuit court in the county where the school district is located.
66 4. Any person who knowingly submits false information to satisfy any requirement of
67 subsection 2 of this section is guilty of a class A misdemeanor .
68 5. In addition to any other penalties authorized by law , a district board may file a civil
69 action to recover , from the parent, military guardian or legal guardian of the pupil, the costs of
70 school attendance for any pupil who was enrolled at a school in the district and whose parent,
71 military guardian or legal guardian filed false information to satisfy any requirement of
72 subsection 2 of this section.
73 6. Subsection 2 of this section shall not apply to a pupil who is a homeless child or
74 youth, or a pupil attending a school not in the pupil's district of residence as a participant in an
75 interdistrict transfer program established under a court-ordered desegregation program, a
76 pupil who is a ward of the state and has been placed in a residential care facility by state
77 of ficials, a pupil who has been placed in a residential care facility due to a mental illness or
78 developmental disability , a pupil attending a school pursuant to sections 167.121 and 167.151
79 or sections 167.1200 to 167.1230 , a pupil placed in a residential facility by a juvenile court, a
80 pupil with a disability identified under state eligibility criteria if the student is in the district
81 for reasons other than accessing the district's educational program, or a pupil attending a
82 regional or cooperative alternative education program or an alternative education program on
83 a contractual basis.
84 7. W ithin two business days of enrolling a pupil, the school of ficial enrolling a pupil,
85 including any special education pupil, shall request those records required by district policy
86 for student transfer , discipline records required by subsection 9 of section 160.261 from all
87 schools previously attended by the pupil within the last twelve months, and records of any
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88 behavioral threat assessments and personal safety plans of the pupil created by the local
89 education agency if the student is currently subject to an active personal safety plan or has
90 been subject to a personal safety plan in the previous twelve months. Any school district that
91 receives a request for such records from another school district enrolling a pupil that had
92 previously attended a school in such district shall respond to such request within five business
93 days of receiving the request. School districts may report or disclose education records to law
94 enforcement and juvenile justice authorities if the disclosure concerns law enforcement's or
95 juvenile justice authorities' ability to effectiv ely serve, prior to adjudication, the student
96 whose records are released. The of ficials and authorities to whom such information is
97 disclosed must comply with applicable restrictions set forth in 20 U.S.C. Section 1232g(b)(1)
98 (E) , as amended .
99 8. If one or both of a child's parents are being relocated to the state of Missouri under
100 military orders, a school district shall allow remote registration of the student and shall not
101 require the student or the parent or legal guardian of the student [ or the student himself or
102 herself ] to physically appear at a location within the district to register the student. Proof of
103 residency , as described in this section, shall not be required at the time of the remote
104 registration but shall be required within ten days of the student's attendance in the school
105 district.
167.151. 1. The school board of any district:
2 (1) In its discretion, may admit to the school pupils not entitled to free instruction;
3 and
4 (2) Shall prescribe the tuition fee to be paid by them, except as provided in:
5 (a) Subdivision (2) of subsection 3 of this section;
6 (b) Subsection 6 of this section; and
7 (c) Sections 167.121, 167.131, 167.132, 167.895, and 168.151 ; and sections
8 167.1200 to 167.1230.
9 2. Orphan children, children with only one parent living, and children whose parents
10 do not contribute to their support - if the children are between the ages of six and twenty years
11 and are unable to pay tuition - may attend the schools of any district in the state in which they
12 have a permanent or temporary home without paying a tuition fee.
13 3. (1) For all school years ending on or before June 30, 2023, any individual who
14 pays a school tax in any other district than that in which such individual resides may send
15 such individual's children to any public school in the district in which the tax is paid and
16 receive as a credit on the amount char ged for tuition the amount of the school tax paid to the
17 district; except that any individual who owns real estate of which eighty acres or more are
18 used for agricultural purposes and upon which such individual's residence is situated may
19 send such individual's children to public school in any school district in which a part of such
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20 real estate, contiguous to that upon which such individual's residence is situated, lies and shall
21 not be char ged tuition therefor; so long as thirty-five percent of the real estate is located in the
22 school district of choice. The school district of choice shall count the children in its average
23 daily attendance for the purpose of distribution of state aid through the foundation formula.
24 (2) For all school years beginning on or after July 1, 2023, any current owner of
25 residential real property or agricultural real property or a named beneficiary of a trust that
26 currently owns residential real property or agricultural real property and that pays a school tax
27 in a district or districts other than the district in which such current owner or current
28 beneficiary resides may send up to four of such owner's or beneficiary's children to a public
29 school, excluding a charter school, in any district in which such owner or trust pays such
30 school tax. For purposes of this subdivision, "residential real property" shall not include any
31 multifamily residential property which exceeds four units. An owner or a named beneficiary
32 of a trust that currently owns residential real property shall not be permitted under this
33 subdivision to send their child to a district outside of the county in which they currently
34 reside. Such owner or beneficiary shall send thirty days' written notice to all school districts
35 involved specifying which school district each child will attend. Such owner or beneficiary
36 shall also present proof of the owner's or trust's annual payment of at least two thousand
37 dollars of school taxes levied on the real property specified in this subdivision within such
38 school district and ownership of the specified real property for not less than the immediately
39 preceding four consecutive years. Neither the resident nor nonresident districts shall be
40 responsible for providing transportation services under this subdivision. The school district
41 attended shall count a child attending under this subdivision in its average daily attendance
42 for the purpose of distribution of state aid under chapter 163, except that such nonresident
43 students shall not be counted in the district's average daily attendance for the purposes of
44 determining eligibility for aid payments under section 163.044.
45 4. For any school year ending on or before June 30, 2023, any owner of agricultural
46 land who, pursuant to subsection 3 of this section, has the option of sending such individual's
47 children to the public schools of more than one district shall exercise such option as provided
48 in this subsection. Such person shall send written notice to all school districts involved
49 specifying to which school district such children will attend by June thirtieth in which such a
50 school year begins. If notification is not received, such children shall attend the school in
51 which the majority of such individual's property lies. Such person shall not send any of such
52 individual's children to the public schools of any district other than the one to which such
53 individual has sent notice pursuant to this subsection in that school year or in which the
54 majority of such individual's property lies without paying tuition to such school district.
55 5. If a pupil is attending school in a district other than the district of residence and the
56 pupil's parent is teaching in the school district or is a regular employee of the school district
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57 which the pupil is attending, then the district in which the pupil attends school shall allow the
58 pupil to attend school upon payment of tuition in the same manner in which the district allows
59 other pupils not entitled to free instruction to attend school in the district. The provisions of
60 this subsection shall apply only to pupils attending school in a district which has an
61 enrollment in excess of thirteen thousand pupils and not in excess of fifteen thousand pupils
62 and which district is located in a county with a charter form of government which has a
63 population in excess of six hundred thousand persons and not in excess of nine hundred
64 thousand persons.
65 6. (1) As used in this subsection, the following terms mean:
66 (a) "Contractor", an individual who devotes at least twenty paid hours per week
67 fulfilling employment requirements or providing services to or for the benefit of a school
68 district or charter school, or public school employer in such district or charter school in any
69 job title or position that is covered for an employee with such job title or in such position by a
70 retirement system created under chapter 169 under a contract between such individual or such
71 individual's employer and such school district, charter school, or public school;
72 (b) "Regular employee", an individual who devotes at least twenty paid hours per
73 week fulfilling employment requirements or providing services to or for the benefit of a
74 school district, public school in such district, or charter school in any position that is covered
75 by a retirement system created under chapter 169.
76 (2) (a) For the 2025-26 school year and all subsequent school years, a school district
77 or charter school may , if approved by a majority vote of the members of the school board of
78 the school district or governing board of the charter school, adopt a policy to admit a child
79 whose parent is a contractor or regular employee of a school district other than the child's
80 school district of residence, a public school in such district, or a charter school, and, if such a
81 policy is adopted, such child may attend school in such nonresident school district or charter
82 school.
83 (b) Such nonresident school district or charter school shall allow the child to attend
84 school in the same manner in which the district or charter school allows other pupils who are
85 entitled to free instruction to attend school in the district and without paying a tuition fee.
86 (c) Such child shall be considered a resident pupil of such nonresident district or
87 charter school under the definition of average daily attendance in section 163.01 1, except that
88 for a student attending a nonresident charter school, the charter school shall receive a state aid
89 payment in an amount determined by multiplying the charter school's weighted average daily
90 attendance of such transferring student enrolled in the charter school by the state adequacy
91 tar get and multiplying this product by the dollar -value modifier for the district in which the
92 charter school is located, and the provisions of section 160.415 shall not apply to any
93 nonresident student attending a charter school. For purposes of this paragraph, the terms
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94 "dollar -value modifier", "state adequacy tar get", and "weighted average daily attendance"
95 shall have the same meaning as such terms are defined in section 163.01 1.
96 (d) If such child wishes to attend a school within the nonresident district or charter
97 school that is a magnet school, an academically selective school, or a school with a
98 competitive entrance process that has admissions requirements, the child's parent shall furnish
99 proof that the child meets the admissions requirements for such school in order to attend.
100 (3) The school district, charter school, or public school may require:
101 (a) A contractor to provide documentation showing that such contractor meets the
102 requirements of this subsection; and
103 (b) A contractor or regular employee to have worked a minimum number of days, not
104 to exceed sixty , for such contractor's or regular employee's child to be eligible to attend school
105 in such nonresident school district or charter school under this subsection.
106 (4) Neither the resident district or charter school nor the nonresident district or charter
107 school shall be responsible for providing transportation services under this subsection.
108 (5) If the parent of a nonresident child attending school under this subsection ceases
109 to be a contractor or regular employee of a school district or charter school, the child may
110 complete the school year as provided under the provisions of this subsection.
167.1200. 1. Sections 167.1200 to 167.1230 shall be known and may be cited as
2 the "Public School Open Enr ollment Act".
3 2. As used in sections 167.1200 to 167.1230, the following terms mean:
4 (1) "Department", the department of elementary and secondary education;
5 (2) "Local education agency" or "LEA", any school district and any charter
6 school that has declar ed itself a local education agency;
7 (3) "Nonres ident local education agency" or "nonre sident LEA", a local
8 education agency other than a transferring student's r esident LEA;
9 (4) "Par ent", a transferring student's paren t, guardian, or other person having
10 custody or care of the student;
11 (5) "Resident local education agency" or "re sident LEA", the local education
12 agency in which the transferring student res ides, or in the case of a transferring student
13 who is subject to joint legal custody or joint physical custody awarded by a court, the
14 r esidence designated as the addr ess of the student for educational purposes, or in the
15 case of a student who attends a charter school, such charter school;
16 (6) "Sibling", each of two or mor e children having a paren t in common by blood,
17 adoption, marriage, or foster car e;
18 (7) "Socioeconomic status", the income level of a student or the student's family ,
19 which shall be measur ed by whether a student or the student's family meets the
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20 financial eligibility criteria for fr ee and redu ced price meals offered under federal
21 guidelines;
22 (8) "T ransferring student", a child who transfers to a nonr esident LEA thr ough
23 a public school open enr ollment pr ogram under sections 167.1200 to 167.1230 and who:
24 (a) Is beginning kindergarten in the child's res ident LEA;
25 (b) Is a student enr olled in a school or a local education agency in kindergarten
26 to grade twelve who immediately prior to transferring has been enroll ed in a local
27 education agency in the student's r esident LEA;
28 (c) W as enr olled in a school other than a school in a local education agency;
29 (d) W as attending an FPE school, as such term is defined in section 167.013; or
30 (e) Has moved to this state fr om another state and has not yet enroll ed in a
31 school;
32 (9) "T ransfer year", the school year in which a transferring student attends
33 school in a nonr esident LEA.
167.1205. 1. A public school open enr ollment pr ogram is established to enable a
2 child beginning kindergarten or a student in kindergarten to grade twelve to attend a
3 school in a nonr esident LEA, subject to the limitations under section 167.1225. Such
4 pr ogram is designed to impr ove the quality of instructional and educational progra ms
5 by pr oviding opportunities including, but not limited to, the following:
6 (1) Incr easing paren tal involvement for students whose par ents work in other
7 LEAs;
8 (2) Pr oviding access to instructional pr ograms and classes that are not available
9 in the res ident LEA; and
10 (3) Offering paren ts the opportunity to select curriculum options that align with
11 the par ents' personal beliefs.
12 2. (1) LEAs shall not be req uired to participate in the public school open
13 enr ollment prog ram.
14 (2) (a) Each LEA shall, before November first of each year , indicate whether the
15 LEA will participate in the public school open enr ollment pr ogram creat ed in sections
16 167.1200 to 167.1230 in the school year beginning on July first of the following year .
17 (b) If an LEA participates in the public school open enro llment pro gram, the
18 LEA shall recei ve transferring students for the full school year in which the LEA
19 participates.
20 (3) (a) An LEA may res trict the number of students who may transfer to a
21 nonr esident LEA under sections 167.1200 to 167.1230 in each school year to a maximum
22 of five per cent of the pr evious school year's enrol lment for the LEA.
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23 (b) A student seeking to transfer to a nonr esident LEA shall be eligible to
24 transfer under sections 167.1200 to 167.1230 and shall count as part of the enr ollment
25 for such student's res ident LEA for the purposes of the transfer maximum described in
26 paragraph (a) of this subdivision if, in the school year before the school year in which
27 the student seeks to transfer , such student:
28 a. W as enr olled in a school other than an LEA;
29 b. W as attending an FPE school, as such term is defined in section 167.013; or
30 c. Has moved to this state fro m another state and has not yet enrol led in a school.
31 (4) (a) The department shall develop and maintain an online res ource to
32 facilitate applications for a public school open enr ollment transfer as described in
33 sections 167.1200 to 167.1230. Such res ource shall enable a nonr esident LEA to ensur e
34 that the LEA does not accept a transfer application if the acceptance of such transfer
35 application would cause the transferring student's res ident LEA to exceed the transfer
36 maximum for the pr eceding school year .
37 (b) The online res our ce shall pr ovide a sear chable public database of the number
38 of transfers offer ed in each participating LEA. The database shall list allowable
39 transfer numbers published under section 167.1215 for each LEA for each school
40 building, grade level, classr oom, and pro gram.
41 3. Sections 167.1200 to 167.1230 shall not be construed to requ ire an LEA to add
42 teachers, staff, or classr ooms or to in any way exceed the r equir ements and standards
43 established by existing law or the nonr esident LEA.
44 4. (1) The department or another entity skilled in policy development shall
45 develop a model policy for determining the number of transfers available under section
46 167.1215 and establishing specific standards for acceptance and r ejection of transfer
47 applications under section 167.1227. Regardless of whether an LEA participates in the
48 public school open enr ollment pr ogram, the governing body of each LEA shall, by
49 r esolution, adopt the model policy with any changes necessary for a particular LEA's
50 needs.
51 (2) The model policy's determination of the number of transfers available shall
52 r equir e each LEA to define the term "insufficient classr oom space" for that LEA.
53 (3) The specific standards for acceptance and rej ection of transfer applications
54 may include, but shall not be limited to:
55 (a) The capacity of a school building, grade level, class, or prog ram;
56 (b) The availability of classro om space in each school building;
57 (c) Any class-size limitation;
58 (d) The ratio of students to classr oom teachers;
59 (e) The LEA's pr ojected enro llment; and
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60 (f) Any characteristics of specific pro grams affected by additional or fewer
61 students attending because of transfers under the public school open enr ollment
62 pr ogram, provi ded that special education pr ograms shall not be consider ed under this
63 paragraph.
64 (4) The specific standards for acceptance and rej ection of transfer applications
65 shall include a statement that priority shall be given to an applicant who has a sibling
66 who:
67 (a) Is alr eady enr olled in the nonr esident LEA; or
68 (b) Has made an application for enr ollment in the same nonr esident LEA.
69 (5) The specific standards for acceptance and rej ection of transfer applications
70 shall not include an applicant's:
71 (a) Academic achievement;
72 (b) Athletic or other extracurricular ability;
73 (c) Disabilities;
74 (d) English proficien cy level; or
75 (e) Pr evious disciplinary pr oceedings, except that any suspension or expulsion
76 fr om another LEA shall be included.
77 (6) An LEA receivi ng transferring students shall not discriminate on the basis of
78 gender , national origin, race, ethnicity , ancestry , relig ion, disability , or whether the
79 student is homeless or a migrant.
80 5. A nonr esident LEA shall:
81 (1) Accept cr edits toward graduation that wer e awarded by another LEA to a
82 transferring student; and
83 (2) A ward a diploma to a transferring student if the student meets the
84 nonr esident LEA's graduation requ irem ents.
85 6. The governing body of each LEA shall cause the information about the public
86 school open enro llment pro gram to be posted on the LEA website and in the student
87 handbook to inform par ents of students of the:
88 (1) A vailability of the prog ram established under sections 167.1200 to 167.1230;
89 (2) Application deadline; and
90 (3) Requirem ents and pro cedur es for res ident and nonr esident students to
91 participate in the prog ram.
92 7. If a student wishes to attend a school within a nonr esident LEA that is a
93 magnet school, an academically selective school, or a school with a competitive entrance
94 pr ocess that has admissions r equir ements, the student shall furnish proof that the
95 student meets the admissions re quir ements in the application described under section
96 167.1220.
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97 8. A nonr esident LEA may deny a transfer to a student who, in the most recent
98 school year , has been suspended fr om school two or mor e times or who has been
99 suspended for an act of school violence or expelled under subsection 2 of section 160.261.
100 A student whose transfer is initially preclu ded under this subsection may be permitted
101 to transfer on a pro visional basis as a pr obationary transfer student, subject to no
102 further disruptive behavior , upon appr oval of the nonr esident LEA's governing body .
103 9. A student who is denied a transfer under subsection 8 of this section has the
104 right to an in-person meeting with the nonr esident LEA's governing body . The
105 nonr esident LEA shall develop common standards for determining disruptive behavior
106 that shall include, but not be limited to, criteria under section 160.261.
107 10. (1) As used in this subsection, "school days of enr ollment" does not include
108 enr ollment in summer school, and "varsity" means the highest level of competition
109 offer ed by one school or LEA against the highest level of competition offered by an
110 opposing school or LEA.
111 (2) (a) Except as pr ovided in this paragraph, a student who participates in open
112 enr ollment for purposes of attending a grade in grades nine to twelve in an LEA other
113 than the res ident LEA is ineligible to participate in interscholastic athletics for thr ee
114 hundr ed sixty-five days unless the student's case meets the standards under the
115 following exceptions:
116 a. If the transfer does not involve undue influence and is not for athletic reas ons,
117 a student may be eligible immediately at the school of the student's choice upon first
118 entering when:
119 (i) The student is promot ed fr om grade six to grade seven;
120 (ii) The student is pr omoted fr om grade eight to grade nine and the student is
121 eligible in all other res pects; or
122 (iii) The student completes the highest grade in an elementary school that is not a
123 part of a system supporting a high school and the student is eligible in all other res pects;
124 or
125 b. If a student transfers schools under circu mstances that do not meet the
126 athletic eligibility requ irem ents under sections 167.1200 to 167.1230, such student may
127 be granted eligibility to participate in interscholastic athletics as her einafter res tricted if
128 the student qualifies under the following terms and conditions:
129 (i) A student whose name has been included on a school eligibility ros ter at any
130 level for a given sport during the twelve calendar months preced ing the date of such
131 transfer shall be eligible only for subvarsity competition in such sport for thr ee hundr ed
132 sixty-five days after the date of transfer . A student may have unr estricted eligibility in
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133 all other sports in which such student's name has not appeared on a school eligibility
134 r oster;
135 (ii) A student who has attended an LEA that does not sponsor interscholastic
136 athletics but who has participated in organized nonschool competition during the twelve
137 calendar months preced ing the date of such transfer shall be eligible only for subvarsity
138 competition in such sport for thr ee hundr ed sixty-five days after the date of transfer . A
139 student may have unr estricted eligibility in all other sports in which such student did
140 not participate; or
141 (iii) Eligibility may be granted as described in item (i) of this subparagraph if the
142 athletic eligibility is appr oved by the principals of both the res ident and nonr esident
143 LEAs and if ther e is no athletic purpose involved in the transfer . The student shall be
144 ineligible for all sports for thr ee hundr ed sixty-five days after the date of transfer if
145 either or both principals decline to appr ove athletic eligibility .
146 (b) Nothing in this section or section 167.1210 shall preven t a statewide athletic
147 association that pr ovides oversight for athletic or activity eligibility for students fr om
148 imposing a stricter penalty upon any transferring student who is determined to have
149 been unduly influenced to participate in or not to participate in the public school open
150 enr ollment prog ram outlined in sections 167.1200 to 167.1230.
167.1210. 1. A student who applies to enr oll in multiple nonr esident LEAs and
2 accepts a public school open enrol lment pr ogram transfer to a nonr esident LEA shall
3 accept only one such transfer per school year .
4 2. (1) A student who accepts a public school open enro llment pr ogram transfer
5 to a nonr esident LEA shall commit to attend and take all courses thr ough the
6 nonr esident LEA for at least one school year . The student may meet with the governing
7 body of the nonr esident LEA to be rele ased fr om such commitment if extenuating
8 cir cumstances arise or if the student's r esident LEA changes. At least one course per
9 semester shall be deliver ed by the nonr esident LEA in-seat.
10 (2) If a transferring student ret urns to the student's r esident LEA, the student's
11 transfer shall be void, and the student shall r eapply if the student seeks a futur e public
12 school open enr ollment pro gram transfer . No transferring student who ret urns to the
13 student's res ident LEA shall r eapply for a future transfer under this subdivision until
14 after the student has been enrol led in and completed a full school semester in a school in
15 the student's res ident LEA.
16 (3) A transferring student with a school attendance percen tage rate below eighty
17 per cent for any one quarter shall be notified of such rate, and if such student's
18 attendance rate in the subsequent quarter does not reach at least ninety per cent, the
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19 student's transfer and eligibility to attend the nonr esident LEA may be voided by the
20 LEA.
21 3. (1) Except as otherwise provi ded in this subsection, a transferring student
22 attending school in a nonr esident LEA may complete all rem aining school years in the
23 nonr esident LEA without rea pplying each school year .
24 (2) A sibling of a transferring student who continues enr ollment in a nonr esident
25 LEA may enrol l in or continue enr ollment in that nonr esident LEA if the LEA has the
26 capacity to accept the sibling without adding teachers, staff, or classro oms or exceeding
27 the re gulations and standards established by law or the policy of the nonr esident LEA
28 and the sibling has no discipline issues as described in section 167.1205.
29 4. (1) The transferring student or the student's par ent is responsibl e for the
30 transportation of the student to and fr om the school in the nonr esident LEA wher e the
31 student is enro lled.
32 (2) A nonr esident LEA may enter into an agr eement with the student's par ent
33 that the par ent may transport the student to an existing bus stop location convenient to
34 the LEA if the LEA has capacity available on a bus serving that location.
35 5. Notwithstanding the pro visions of chapter 160, chapter 163, or federal
36 calculations of military impact aid to the contrary , for the purposes of determining state
37 and federal aid, a transferring student shall be counted as a res ident pupil of the
38 nonr esident LEA in which the student is enrol led, except that the pro visions of
39 subsections 15 to 18 of section 160.415 shall not apply to any nonr esident student
40 transferring to a charter school.
41 6. Nothing in sections 167.1200 to 167.1230 shall be construed to reli eve any
42 r esident LEA of its res ponsibility to pay any costs requ ired under section 162.705 or
43 162.740.
167.121 1. If a nonr esident student receives special education services and
2 participates in the public school open enr ollment pr ogram, the nonr esident LEA shall
3 r eceive reim bursement fro m the paren t public school choice fund established in section
4 167.1212 for the costs of the special education services for the student with an
5 individualized education pr ogram above the state and federal funds rece ived for
6 educating the student. Such reim bursement shall not exceed thr ee times the curren t
7 expenditur e per average daily attendance as calculated on the LEA annual secr etary of
8 the board re port for the year in which expenditures ar e claimed.
167.1212. 1. There is here by cr eated in the state trea sury the "Par ent Public
2 School Choice Fund", which shall consist of appr opriations made by the general
3 assembly to pr ovide moneys for the public school open enrol lment pr ogram. The state
4 tr easur er shall be custodian of the fund. In accordance with sections 30.170 and 30.180,
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5 the state tr easurer may appr ove disbursements. The fund shall be a dedicated fund and,
6 upon appr opriation, moneys in the fund shall be used solely as pr ovided in sections
7 167.1200 to 167.1230.
8 2. Notwithstanding the prov isions of section 33.080 to the contrary , any moneys
9 r emaining in the fund at the end of the biennium shall not r evert to the credit of the
10 general reven ue fund.
11 3. The state tr easure r shall invest moneys in the fund in the same manner as
12 other funds ar e invested. Any interes t and moneys earned on such investments shall be
13 cr edited to the fund.
14 4. Moneys appr opriated to and deposited in the fund shall be used to
15 supplement, not supplant, state aid distributed to LEAs under chapter 160 or chapter
16 163 and shall be used solely to compensate LEAs that participate in the public school
17 open enrol lment pro gram established in sections 167.1200 to 167.1230.
18 5. The department shall annually evaluate the availability and use of moneys
19 fr om the fund. If the department determines that additional moneys are needed to
20 fulfill the purposes of this section, the department shall, as part of the legislative budget
21 pr ocess, annually r equest such moneys by a specific line item appr opriation.
167.1215. 1. Before November first annually , each LEA shall set the number of
2 transfer students the LEA is willing to receive for the following school year under
3 sections 167.1200 to 167.1230. The LEA may crea te criteria for the acceptance of
4 students including, but not limited to, the number of students by building, grade,
5 classr oom, or prog ram.
6 2. (1) Each LEA shall publish the number set under this section, notify the
7 department of such number , and shall not be req uired to accept any transfer students
8 under this section who would cause the LEA to exceed the published number .
9 (2) The LEA shall delineate such published number by building, grade,
10 classr oom, or prog ram if such criteria for acceptance have been set by the LEA.
11 3. (1) The online reso urce creat ed and maintained by the department as
12 described in section 167.1205 shall include a waiting list for applications to nonr esident
13 LEAs if a transfer cannot be accepted because the number of transfers applied for
14 exceeds the number of transfers available. The online res ourc e shall notify each
15 applicant that the applicant's transfer application may be subject to placement on such
16 waiting list if such transfer application is included in a number of transfer applications
17 that exceeds the number of transfers available.
18 (2) Applications on the waiting list may be given priority for acceptance in the
19 following order and may include other options for priority acceptance:
20 (a) Siblings of students alr eady enro lled in the LEA;
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21 (b) Children of an active duty member of the Armed For ces of the United States;
22 (c) Childr en of LEA employees;
23 (d) Students who had previ ously attended school in the LEA but whose pare nts
24 have moved out of the LEA; and
25 (e) Students whose par ents pr esent an employment circu mstance for which an
26 open enrol lment transfer would be in the student's best interes t.
27 (3) A par ent of a student on the waiting list shall be informed by the department
28 of the details of the operation of the list and whether the paren t will be requ ired to refi le
29 a timely application for open enr ollment in order to re main on the waiting list.
167.1220. 1. If a student seeks to attend a school in a nonr esident LEA under
2 sections 167.1200 to 167.1230, the student's par ent shall submit an application:
3 (1) T o the department, using the online res ource described in section 167.1205,
4 beginning on November fifteenth in the school year before the school year in which the
5 student seeks to begin the fall semester at the nonr esident LEA;
6 (2) On a form appr oved by the department that contains the student's necessary
7 information for enrol lment in another LEA; and
8 (3) Before January first of the school year before the school year in which the
9 student seeks to begin the fall semester at the nonr esident LEA.
10 2. Upon recei ving an application under subsection 1 of this section, the
11 department shall assign a unique identifying number to the application.
12 3. On or befor e January fifteenth, the department shall:
13 (1) Conduct a lottery of eligible applications to determine which student
14 transfers will be appr oved, subject to the conditions for appr oval under sections
15 167.1200 to 167.1230; and
16 (2) Notify the nonr esident LEA of such applications that the department has
17 appr oved for transfer .
18 4. (1) The governing body of the nonr esident LEA shall r equest fr om all schools
19 pr eviously attended by the student within the last twelve months, including the student's
20 r esident LEA, if applicable:
21 (a) Those recor ds requi red by LEA policy for student transfer , including any
22 applicable special education r ecords;
23 (b) Those discipline recor ds requ ired by subsection 9 of section 160.261; and
24 (c) Records of any behavioral risk assessment completed on the student.
25 (2) An LEA that receives a r equest for such records fr om another LEA enr olling
26 a student who had previo usly attended a school in such LEA shall res pond to such
27 r equest within five business days of receiv ing the req uest.
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28 (3) The officials and authorities to whom such information is disclosed shall
29 comply with applicable res trictions set forth in 20 U.S.C. Section 1232g(b)(1)(E), as
30 amended.
31 5. (1) The governing body of the nonr esident LEA shall within ten business
32 days:
33 (a) Review each application as recei ved fro m the department;
34 (b) Determine whether such LEA shall accept or rej ect such application based
35 on the standards in the LEA's policy for open enr ollment under sections 167.1200 to
36 167.1230 adopted by the governing body and a review of records pr ovided under
37 subsection 4 of this section; and
38 (c) Inform the department of such determination.
39 (2) If the nonr esident LEA rej ects an application, the department shall send the
40 next application on the waiting list to the nonr esident LEA for consideration.
41 6. (1) (a) Befor e Mar ch first of the school year before the school year in which
42 the student seeks to enr oll in a nonr esident LEA under sections 167.1200 to 167.1230,
43 the nonr esident LEA's governing body shall notify the department as to whether the
44 student's application has been accepted or rej ected thr ough the online res ourc e creat ed
45 under section 167.1205.
46 (b) Wi thin thr ee business days after sending notifications to the res ident LEA
47 and the nonr esident LEA, the department shall notify the paren t whether the student's
48 application has been accepted or rej ected by the nonr esident LEA. The notification
49 shall be sent electr onically and by first-class mail to the addr ess on the application.
50 (2) If the application is rej ected, the department's notification shall state the
51 r eceiving nonr esident LEA's r eason for the rejection and provi de instructions on the
52 right of the student to appeal under section 167.1227.
53 (3) If the application is accepted, the department shall state in the notification:
54 (a) A reas onable deadline before which the student shall enr oll in the
55 nonr esident LEA and after which the acceptance notification is void; and
56 (b) Instructions for the pr ocedur es established for enr ollment of students with
57 special needs as provi ded in section 167.1224 in the nonr esident LEA.
58 (4) If the application is accepted, the department shall notify:
59 (a) The re sident LEA of the student's participation; and
60 (b) The student and the student's paren t of the opportunity to participate in an
61 anonymous survey pr ovided by the department reg arding all rea sons for the student's
62 and paren t's interes t in participating in the public school open enr ollment pr ogram.
63 7. The department shall publish an annual report based on the anonymous
64 survey conducted under subdivision (4) of subsection 6 of this section, at the statewide
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65 and LEA levels, that pr ovides data at the statewide and LEA levels of sufficient detail to
66 allow analysis of tr ends rega rding the rea sons for participation in the public school open
67 enr ollment pr ogram at the statewide, r egional, and local LEA levels. In such annual
68 r eport, the department shall also include data at the statewide and LEA levels of
69 sufficient detail to allow detection and analysis of the impact of the public school open
70 enr ollment pr ogram on racial, ethnic, and socioeconomic balance among schools and
71 LEAs at the statewide, regi onal, and local LEA levels. No such survey re sults published
72 under this subsection shall be published in a manner that reve als information r egarding
73 a gr oup of five or fewer students.
74 8. (1) If a student declines to enro ll in the nonr esident LEA, the department
75 shall send the LEA the next application on the LEA's waiting list for consideration.
76 (2) Upon r eceiving such next application, the nonr esident LEA shall follow the
77 pr ocedur es in subsection 5 of this section.
78 9. No additional open enr ollment transfer applications shall be sent by the
79 department or appr oved by a nonr esident LEA after April fifteenth of the school year
80 immediately pr eceding the school year of enrol lment.
167.1224. 1. Befor e enro llment in a nonr esident LEA, a student with any of the
2 following who is notified by the department that such student is accepted for a transfer
3 to a nonr esident LEA shall be provi ded the same pro cess that exists for a res ident
4 student moving into the nonr esident LEA:
5 (1) An individualized education pr ogram, or IEP , as such term is defined in 20
6 U.S.C. Section 1401, as amended;
7 (2) An individualized family service plan, or IFSP , as such term is defined in 20
8 U.S.C. Section 1401, as amended;
9 (3) A 504 plan cr eated under Section 504 of the federal Rehabilitation Act of
10 1973, 29 U.S.C. Section 794, as amended;
11 (4) A placement in an English as a second language (ESL) pro gram;
12 (5) An identification as a gifted child eligible for a pr ogram or service under
13 section 162.720; or
14 (6) A diagnosis of dyslexia, as such term is defined in section 633.420.
15 2. The nonr esident LEA, pare nt, or both shall have the opportunity to reev aluate
16 such student to determine what comparable services may be req uired under section
17 162.700 or the special education pro grams or services for which such student may be
18 eligible.
19 3. The nonr esident LEA is r esponsible for pr oviding a fr ee, appr opriate public
20 education to the student.
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21 4. The nonr esident LEA shall pr ovide the same or substantially similar services
22 as a r esident student would receive, as applicable.
23 5. Befor e choosing to enr oll in the nonr esident LEA, if necessary , the student and
24 par ent shall be pr ovided the opportunity to develop a new or amended IEP , IFSP , or 504
25 plan or to evaluate the ESL, gifted, or dyslexia pr ograms and services pr ovided by the
26 nonr esident LEA.
27 6. The nonr esident LEA shall prov ide the student and paren t with prior written
28 notice documenting the services and supports that the nonr esident LEA determines
29 appr opriate to meet the student's needs. The nonr esident LEA shall offer the
30 transferring student ten business days to accept or decline the acceptance of the
31 nonr esident LEA.
32 7. Any LEA participating in the public school open enr ollment pro gram that is
33 served by a special school district established under sections 162.670 to 162.995 shall
34 execute a form agr eement prep ared by the department with such special school district
35 r egarding finance, staffing, and other relev ant items r elating to any students re quiring
36 special education services prior to participating in open enr ollment. An LEA and a
37 special school district may choose to modify such form agr eement, but no such
38 modifications shall inhibit or delay the LEA's participation in the public school open
39 enr ollment prog ram.
40 8. In compliance with the requ irem ents of federal and state laws, the nonr esident
41 LEA shall make reas onable accommodations and modifications to addr ess the needs of
42 incoming transferring students and to pr ovide such transferring students with equal
43 access to a fr ee, appr opriate public education.
44 9. This section shall not be construed to preclu de a nonr esident LEA fr om
45 adding additional staff, services, or pr ograms not alr eady being offered by the
46 nonr esident LEA unless the nonr esident LEA elects to or fr om performing subsequent
47 evaluations, when appr opriate, to ensur e pr oper placement of a transferring student
48 after enr ollment.
167.1225. 1. If sections 167.1200 to 167.1230 conflict with a prov ision of an
2 enfor ceable desegregation court order or an LEA's court-appro ved desegr egation plan
3 r egarding the effects of past racial segr egation in student assignment, the pr ovisions of
4 the order or plan shall govern.
5 2. (1) An LEA may annually declar e an exemption fr om sections 167.1200 to
6 167.1230 if the LEA is subject to a desegr egation order or mandate of a federal court or
7 agency rem edying the effects of past racial segr egation or a settlement agreement
8 r emedying the effects of past racial segr egation.
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9 (2) An exemption declar ed by the governing body of an LEA under subdivision
10 (1) of this subsection is irr evocable for one year from the date the LEA notifies the
11 department of the declaration of exemption.
12 (3) After each year of exemption, the governing body of an LEA may elect to
13 participate in the public school open enro llment pr ogram under sections 167.1200 to
14 167.1230 if the LEA's participation does not conflict with the LEA's federal court-
15 order ed desegregation pr ogram or settlement agreement rem edying the effects of past
16 racial segr egation.
17 (4) An LEA shall notify the department befor e November first if in the next
18 school year the LEA intends to:
19 (a) Declare an exemption under subdivision (1) of this subsection; or
20 (b) Resume participation after a period of exemption.
21 (5) If a student is unable to transfer because of the limits under this subsection,
22 the res ident LEA shall give the student priority for a transfer in the following school
23 year in the order that the res ident LEA r eceives notices of application under section
24 167.1220, as evidenced by a notation made by the LEA on the applications indicating the
25 date and time of rec eipt.
26 3. (1) Any student who transfers to a nonr esident LEA under section 167.131,
27 sections 162.1040 to 162.1061, or any section other than sections 167.1200 to 167.1230
28 shall not be subject to any requi rem ents under sections 167.1200 to 167.1230.
29 (2) LEAs recei ving transfer students or sending transfer students to nonr esident
30 LEAs under section 167.131, sections 162.1040 to 162.1061, or any section other than
31 sections 167.1200 to 167.1230 shall not be subject to any requi rem ents under sections
32 167.1200 to 167.1230 for those transfer students.
33 4. (1) A student transferring to a nonr esident LEA under sections 167.1200 to
34 167.1230 shall not be consider ed a transfer student under any law rel ating to another
35 transfer progra m or pr ocedur e that allows students to transfer out of their res ident
36 LEAs.
37 (2) This subdivision shall apply only to students who attend a school in an LEA
38 that is not a charter school and does not offer education in a grade higher than grade
39 eight as follows:
40 (a) If such student enr olls in a nonr esident LEA that is not a charter school
41 under sections 167.1200 to 167.1230 befor e the end of such student's fifth-grade year , the
42 pr ovisions of 167.1200 to 167.1230 shall apply for such student; and
43 (b) If such student does not enro ll in such nonr esident LEA that is not a charter
44 school before the end of such student's fifth-grade year , such student may transfer to
45 such nonr esident LEA during a year in which such student is in grade six, seven, or
HB 2604 19
46 eight under sections 167.1200 to 167.1230. When such student enters grade nine, such
47 student's r esident LEA shall:
48 a. Compute the differ ence by subtracting the state adequacy target fr om the
49 nonr esident student tuition as calculated under section 167.131;
50 b. Pay the amount of such differen ce above zer o to such nonr esident LEA; and
51 c. Follow all other proc edures as if such student transferr ed under section
52 167.131.
53 (3) If a student transfers under sections 167.1200 to 167.1230 to a nonr esident
54 LEA that is not a charter school and does not offer education in a grade higher than
55 grade eight, such nonr esident LEA shall not be consider ed such student's res ident LEA
56 for any purpose after such student completes grade eight or upon such student's
57 transfer out of such nonr esident LEA befor e such student completes grade eight.
167.1227. 1. A student whose application for a transfer under section 167.1220 is
2 r ejected by the nonr esident LEA may appeal to the department to reconsid er the
3 transfer .
4 2. An appeal to the department shall be in writing and shall be postmarked no
5 later than ten calendar days, excluding weekends and legal holidays, after the student or
6 the student's pare nt receiv es a notice of r ejection of the application under section
7 167.1220.
8 3. Contemporaneously with the filing of the written appeal under subsection 2 of
9 this section, the student or the student's par ent shall also mail a copy of the written
10 appeal to the LEA's governing body .
11 4. In the written appeal, the student or student's par ent shall state the basis for
12 appealing the decision of the nonr esident LEA.
13 5. The student or the student's par ent shall submit, along with the written
14 appeal, a copy of the notice of re jection fr om the nonr esident LEA.
15 6. As part of the rev iew pr ocess, the student or student's par ent may submit
16 supporting documentation that the transfer would be in the best educational, health,
17 social, or psychological inter est of the student.
18 7. The nonr esident LEA may submit in writing any additional information,
19 evidence, or arguments supporting the LEA's rej ection of the student's application by
20 mailing such r esponse to the department. Such r esponse shall be postmarked no later
21 than ten days after the nonr esident LEA recei ves the student's or paren t's appeal.
22 8. Contemporaneously with the filing of its res ponse under subsection 7 of this
23 section, the nonr esident LEA shall also mail a copy of the res ponse to the student or
24 student's par ent.
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25 9. If the department overturns the determination of the nonr esident LEA on
26 appeal, the department shall notify the par ent, the nonr esident LEA, and the res ident
27 LEA of the basis for the department's decision.
167.1229. 1. (1) The department shall collect data fr om LEAs on the number of
2 applications for student transfers under sections 167.1200 to 167.1230 and study the
3 effects of public school open enroll ment pr ogram transfers under sections 167.1200 to
4 167.1230. The department shall consider , as part of its study , the maximum number of
5 transfers and exemptions for both res ident and nonr esident LEAs for up to two years to
6 determine if a significant racially segr egative impact has occurr ed to any LEA.
7 (2) Annually befor e December first, the department shall r eport the
8 department's findings fr om the study of the data under subdivision (1) of this
9 subsection to:
10 (a) The joint committee on education or any successor committee;
11 (b) The house committee on elementary and secondary education or any other
12 education committee designated by the speaker of the house of re present atives; and
13 (c) The senate committee on education or any other education committee
14 designated by the preside nt pro tempor e of the senate.
15 2. The department shall annually make a random selection of ten percen t of the
16 LEAs participating in the public school open enrol lment pr ogram under sections
17 167.1200 to 167.1230. The department shall audit each selected LEA's transfers
18 appr oved or denied under policies adopted by the governing body under sections
19 167.1200 to 167.1230. If the department determines that a selected LEA is improp erly
20 implementing and administering the transfer proc ess established under sections
21 167.1200 to 167.1230, the department may withhold any state aid pro vided to the
22 LEA under chapter 160 or chapter 163 until the LEA corr ects the transfer pr ocess
23 impr oprieties identified by the department's audit.
167.1230. 1. In any school year for which the moneys in the par ent public school
2 choice fund do not equal or exceed the amount necessary to pro vide for pro jected
3 eligible r eimbursements fr om the par ent public school choice fund the following shall
4 apply:
5 (1) LEAs may make modifications to the LEA's policy for open enr ollment
6 under sections 167.1200 to 167.1230 to make such reas onable adjustments necessary to
7 ensur e sufficient classr oom space;
8 (2) All eligible transferring students enrol led in a nonr esident LEA under
9 sections 167.1200 to 167.1230 may r emain in such nonr esident LEA; and
10 (3) All nonr esident LEAs that ar e eligible for reim bursement for nonr esident
11 students who re ceived special education services under section 167.121 1 fr om the par ent
HB 2604 21
12 public school choice fund shall add to the nonr esident LEA's calculation of weighted
13 average daily attendance for such student an additional twenty-five hundredths per
14 such nonr esident student.
15 2. No student shall be enr olled under sections 167.1200 to 167.1230 before July 1,
16 2027.
✔
HB 2604 22