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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. 1071
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
4861S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 166.700, 166.705, and 166.720, RSMo, and to enact in lieu thereof three new
sections relating to empowerment scholarship accounts.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 166.700, 166.705, and 166.720, RSMo, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 166.700, 166.705, and 166.720, to read as 3
follows:4
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) "Illegal alien", any person who is not lawfully 10
present in the United States or any person who gained 11
illegal entry into the United States; 12
(5) "Parent", the same meaning as used in section 13
135.712; 14
(6) "Private school", a school that is not a part of 15
the public school system of the state of Missouri and that 16
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charges tuition for the rendering of elementary or secondary 17
educational services; 18
(7) "Program", the same meaning as used in section 19
135.712; 20
(8) "Qualified school", an FPE school or any of the 21
following entities that is incorporated in Missouri and that 22
does not discriminate on the basis of race, color, or 23
national origin: 24
(a) A charter school as defined in section 160.400; 25
(b) A private school; 26
(c) A public school as defined in section 160.011; or 27
(d) A public or private virtual school; 28
(9) "Qualified student", any [elementary or secondary 29
school student who is a] resident of this state, who is not 30
an illegal alien, and who[: 31
(a) Has an approved "individualized education plan" 32
(IEP) developed under the federal Individuals with 33
Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et 34
seq., as amended; or 35
(b) Is a member of a household whose total annual 36
income does not exceed an amount equal to three hundred 37
percent of the income standard used to qualify for free and 38
reduced price lunches, and that meets at least one of the 39
following qualifications: 40
a. Attended a public school as a full-time student for 41
at least one semester during the previous twelve months; 42
b. Is a child who is eligible to begin kindergarten or 43
first grade under sections 160.051 to 160.055; or 44
c. Is a sibling of a qualified student who received a 45
scholarship grant in the previous school year and will 46
receive a scholarship grant in the current school year] is 47
eligible to enroll in a public school in this state in any 48
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of grades kindergarten through grade twelve or to receive 49
early childhood special education services pursuant to 50
section 162.700. 51
166.705. 1. A parent of a qualified student may 1
establish a Missouri empowerment scholarship account for the 2
student by entering into a written agreement with an 3
educational assistance organization. The agreement shall 4
provide that: 5
(1) The qualified student shall enroll in a qualified 6
school and receive an education in at least the subjects of 7
English language arts, mathematics, social studies, and 8
science; 9
(2) Except for a qualified student who is in the 10
custody of the state, the qualified student shall not be 11
enrolled in a public school or early childhood special 12
education services operated by, or a charter school located 13
within, the qualified student's district of residence and 14
shall release the district of residence from all obligations 15
to educate the qualified student while the qualified student 16
is enrolled in the program. This subdivision shall not be 17
construed to relieve the student's district of residence 18
from the obligation to conduct an evaluation for 19
disabilities; 20
(3) The qualified student shall receive a grant, in 21
the form of moneys deposited in accordance with section 22
135.714, in the qualified student's Missouri empowerment 23
scholarship account; 24
(4) The moneys deposited in the qualified student's 25
Missouri empowerment scholarship account shall be used only 26
for the following expenses of the qualified student: 27
(a) Tuition or fees at a qualified school; 28
(b) Textbooks required by a qualified school; 29
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(c) Educational therapies or services from a licensed 30
or accredited practitioner or provider including, but not 31
limited to, licensed or accredited paraprofessionals or 32
educational aides; 33
(d) Tutoring services; 34
(e) Curriculum; 35
(f) Tuition or fees for a private virtual school; 36
(g) Fees for a nationally standardized norm-referenced 37
achievement test, advanced placement examinations, 38
international baccalaureate examinations, or any 39
examinations related to college or university admission; 40
(h) Fees for management of the Missouri empowerment 41
scholarship account by firms selected by the educational 42
assistance organization; 43
(i) Services provided by a public school including, 44
but not limited to, individual classes and extracurricular 45
programs; 46
(j) Computer hardware or other technological devices 47
that are used to help meet the qualified student's 48
educational needs and that are approved by an educational 49
assistance organization. For purposes of this paragraph, 50
"computer hardware or other technological devices" includes 51
calculators, personal computers, laptops, tablet devices, 52
microscopes, telescopes, and printers, but does not include 53
entertainment and other primarily noneducational devices, 54
such as televisions, telephones, video game consoles and 55
accessories, and home theater and audio equipment; 56
(k) Fees for summer education programs and specialized 57
after-school education programs; 58
(l) Transportation costs for mileage to and from a 59
qualified school, or a commuter pass for the qualified 60
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student for transportation between the qualified student's 61
residence and a qualified school; and 62
(5) Moneys deposited in the qualified student's 63
Missouri empowerment scholarship account shall not be used 64
for the following: 65
(a) Consumable educational supplies including, but not 66
limited to, paper, pens, pencils, or markers; 67
(b) Tuition at a private school located outside of the 68
state of Missouri; and 69
(c) Payments or reimbursements to any person related 70
within the third degree of consanguinity or affinity to a 71
qualified student. 72
2. Missouri empowerment scholarship accounts are 73
renewable on an annual basis upon request of the parent of a 74
qualified student. Notwithstanding any changes to the 75
qualified student's multidisciplinary evaluation team plan, 76
a student who has previously qualified for a Missouri 77
empowerment scholarship account shall remain eligible to 78
apply for renewal until the student completes high school 79
and submits scores to the state treasurer from a nationally 80
standardized norm-referenced achievement test, advanced 81
placement examination, international baccalaureate 82
examination, or any examination related to college or 83
university admission purchased with Missouri empowerment 84
scholarship account funds. 85
3. A signed agreement under this section shall satisfy 86
the compulsory school attendance requirements of section 87
167.031. 88
4. A qualified school or a provider of services 89
purchased under this section shall not share, refund, or 90
rebate any Missouri empowerment scholarship account moneys 91
with the parent or qualified student in any manner. 92
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5. If a qualified student withdraws from the program 93
by enrolling in a school other than a qualified school or is 94
disqualified from the program under the provisions of 95
section 166.710, the qualified student's Missouri 96
empowerment scholarship account shall be closed and any 97
remaining funds shall be returned to the educational 98
assistance organization for redistribution to other 99
qualified students. Under such circumstances, the 100
obligation to provide an education for such student shall 101
transfer back to the student's district of residence. 102
6. Any funds remaining in a qualified student's 103
Missouri empowerment scholarship account at the end of a 104
school year shall remain in the account and shall not be 105
returned to the educational assistance organization. Any 106
funds remaining in a qualified student's Missouri 107
empowerment scholarship account upon graduation from a 108
qualified school shall be returned to the educational 109
assistance organization for redistribution to other 110
qualified students. 111
7. Moneys received under sections 166.700 to 166.720 112
shall not constitute Missouri taxable income to the parent 113
of the qualified student. 114
8. The provisions of this section shall not be 115
construed to: 116
(1) Require a qualified student to withdraw from a 117
school district or charter school before applying for a 118
Missouri empowerment scholarship account if the qualified 119
student withdraws from the school district or charter school 120
before receiving any moneys in the qualified student's 121
empowerment scholarship account; or 122
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(2) Prevent a qualified student from applying in 123
advance for a Missouri empowerment scholarship account to be 124
funded beginning in the following school year. 125
166.720. 1. Sections 166.700 to 166.720 shall not be 1
construed to: 2
(1) Permit any governmental agency to exercise control 3
or supervision over any qualified school in which a 4
qualified student enrolls other than a qualified school that 5
is a public school; or 6
(2) Expand the regulatory authority of this state, its 7
officers, or any school district, with respect to the 8
imposition of any additional requirements or restrictions on 9
qualified schools, beyond those necessary to enforce the 10
requirements of the Missouri empowerment scholarship 11
accounts program. 12
2. A qualified school, other than a qualified school 13
that is a public school, that accepts a payment from a 14
parent under sections 166.700 to 166.720 shall not be 15
considered an agent of the state or federal government due 16
to its acceptance of the payment. 17
3. A qualified school shall not be required to alter 18
its creed, practices, admissions policy, or curriculum in 19
order to accept students whose parents pay tuition or fees 20
from a Missouri empowerment scholarship account to 21
participate as a qualified school. 22
4. (1) Any qualified student receiving a Missouri 23
empowerment scholarship who leaves a public school or 24
charter school, as such terms are defined in chapter 160, in 25
the qualified student's resident school district to enroll 26
in a qualified school that is not the qualified student's 27
resident school district shall continue to be counted in the 28
resident public school or charter school's weighted average 29
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daily attendance as a resident student for the purposes of 30
determining state and federal aid for the qualified 31
student's resident school district or charter school. 32
(2) The qualified student will continue to be counted 33
for such purpose as provided: 34
(a) For five years after the qualified student no 35
longer attends school in the qualified student's resident 36
school district; 37
(b) Until any calendar year that the qualified student 38
no longer receives grant money in their scholarship account; 39
(c) Until the qualified student is counted in the 40
weighted average daily attendance for a public school or 41
charter that they are a resident student in; or 42
(d) Until the qualified student graduates. 43
(3) The educational assistance organization and the 44
state treasurer shall provide the necessary information to 45
the department of elementary and secondary education to 46
allow the federal and state aid to continue to the public 47
school or charter school in the qualified student's resident 48
school district previously attended by the qualified student. 49
(4) The provisions of this subsection shall terminate 50
five years after August 28, 2021. 51
5. In any legal proceeding challenging the application 52
of sections 166.700 to 166.720 to a qualified school, the 53
state shall bear the burden of establishing that the law is 54
necessary and does not impose any undue burden on qualified 55
schools. 56
6. The provisions of section 23.253 of the Missouri 57
sunset act shall not apply to sections 166.700 to 166.720. 58
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