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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. 1641
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
6839S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 167.790, RSMo, and to enact in lieu thereof one new section relating to
participation of private school students in public school activities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 167.790, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 167.790, 2
to read as follows:3
167.790. 1. As used in this section, the following 1
terms mean: 2
(1) "Athletics", any interscholastic athletic games, 3
contests, programs, activities, exhibitions, or other 4
similar competitions for students; 5
(2) "Eligible school", any of the following schools or 6
learning environments: 7
(a) An FPE school, as defined in section 167.013; 8
(b) A full-time virtual course or program providing 9
instruction to a full-time equivalent student, as provided 10
in section 161.670; or 11
(c) A home school, as defined in section 167.012; 12
(3) "Eligible student", a student who is enrolled in 13
or receives instruction in an eligible school; 14
(4) "Event or activity", athletics, fine arts 15
activities, integrated cocurricular activities, or other 16
extracurricular occurrences directly related to such 17
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athletics, fine arts activities, or integrated cocurricular 18
activities that are sponsored, organized, or provided for 19
students by a school district, charter school, or attendance 20
center of a school district; 21
[(3)] (5) "Fine arts activities", any student 22
activities that include dance, theater, vocal music, 23
performance of music, or visual arts; 24
[(4) "FPE school", as such term is defined in section 25
167.013; 26
(5) "Full-time equivalent student", as such term is 27
defined in section 161.670;] 28
(6) "[Home] Private school", as [such term is] defined 29
in section [167.012] 166.700; 30
(7) "Integrated cocurricular activities", activities 31
that are outside of the regular school curriculum but 32
complement and supplement such curriculum. 33
2. A school district or charter school shall not be a 34
member of, or remit any funds to, any statewide activities 35
association that would cause such school district or charter 36
school to violate the provisions of this section. 37
3. Except as otherwise provided in subsections [4 and] 38
5 and 6 of this section, a school district or charter school 39
shall not: 40
(1) Prohibit [a student who is receiving instruction 41
at an FPE school, a home school, or at a virtual school as a 42
full-time equivalent student] an eligible student from 43
having the opportunity to participate, contingent upon the 44
successful completion of a tryout if applicable, in any 45
event or activity offered by the charter school or by the 46
school district or an attendance center of the school 47
district in which the student resides for any reason 48
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relating to such student's [FPE, home, or virtual] 49
instruction in an eligible school; or 50
(2) Require [a student who is receiving instruction at 51
an FPE school, a home school, or at a virtual school as a 52
full-time equivalent student] an eligible student to attend 53
any class or to attend a charter school or public school for 54
any portion of a school day in order to participate in any 55
event or activity offered by the charter school or by the 56
school district or an attendance center of the school 57
district in which the student resides. 58
4. For purposes of this section, a student enrolled in 59
a private school shall be deemed an eligible student, and 60
the private school shall, with respect to such student, be 61
deemed an eligible school, if the event or activity in which 62
such student seeks to participate is not offered by such 63
private school, but is offered by the charter school or by 64
the school district or an attendance center of the school 65
district in which such student resides. 66
5. The provisions of subsection 3 of this section 67
shall not be construed to prohibit a school district or 68
charter school from requiring students to participate in any 69
components of instruction required for participation in: 70
(1) Fine arts activities with integral components of 71
instruction provided during a course held during the school 72
day; 73
(2) Career and technical student organizations where 74
applied learning and engagement are integral components of 75
instruction for an approved career and technical education 76
program in Missouri; or 77
(3) Integrated cocurricular activities requiring 78
students to participate in appropriate coursework and 79
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preparation of their related activities during the school 80
day. 81
[5.] 6. (1) A school district or charter school may 82
establish a disciplinary policy or an attendance policy, or 83
both, for any required coursework, rehearsals, practice 84
sessions, or training sessions that are directly related to 85
and required for trying out for or participation in an event 86
or activity offered by the charter school or by the school 87
district or an attendance center of the school district. 88
(2) A school district or charter school shall apply 89
such disciplinary policy or attendance policy that is 90
directly related to and required for trying out for or 91
participation in the same manner to all students who try out 92
for or participate in the event or activity to which the 93
policy applies. 94
(3) A school district or charter school shall neither 95
establish nor apply a separate disciplinary policy or 96
attendance policy, or any provision thereof, for eligible 97
students [who receive instruction at an FPE school, a home 98
school, or at a virtual school as a full-time equivalent 99
student]. 100
[6.] 7. If a student whose academic performance or 101
disciplinary status would preclude such student from 102
eligibility to participate in any extracurricular event or 103
activity in the student's charter school or resident school 104
district disenrolls from such charter school or school 105
district in order to receive instruction at an [FPE school, 106
a home school, or at a virtual school as a full-time 107
equivalent student] eligible school, such student shall not 108
be eligible to participate in a charter school or public 109
school event or activity in the charter school or school 110
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district of such student's disenrollment for twelve calendar 111
months from the date of disenrollment. 112
[7.] 8. The parent or legal guardian providing primary 113
instruction of a student who is receiving instruction at an 114
FPE school or a home school is responsible for oversight of 115
academic standards directly relating to the student's 116
participation in an event or activity offered by a charter 117
school or school district or attendance center of a school 118
district. 119
[8.] 9. (1) [A student who is receiving instruction 120
at an FPE school, a home school, or at a virtual school as a 121
full-time equivalent student] An eligible student shall 122
satisfy the following requirements in order to be eligible 123
to try out for and, contingent upon the successful 124
completion of a tryout if applicable, participate in a 125
charter school or public school event or activity in the 126
charter school or the student's school district of residence 127
pursuant to the provisions of this section: 128
(a) Proof of the student's residency in the school 129
district or within the boundaries of the applicable 130
attendance center or charter school where the student seeks 131
to participate in a public school or charter school event or 132
activity shall be provided to such district or charter 133
school pursuant to the provisions of section 167.020; 134
(b) The student shall provide a physical to 135
participate in sports, including details on any underlying 136
conditions relevant to such participation; 137
(c) The student shall adhere to the same behavior, 138
responsibility, performance, and code of conduct standards 139
directly related to the event or activity as those enrolled 140
in the charter school or public school district; and 141
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(d) The student shall fulfill the same financial 142
requirements as those required of students enrolled in the 143
charter school or public school district. 144
(2) Any records created or retained by a charter 145
school, school district, or attendance center under this 146
section shall not be disclosed by such charter school, 147
district, or attendance center for any purpose except for 148
compliance with federal or state law. 149
[9.] 10. (1) [The term event or activity] As used in 150
this section, the term "event or activity" shall not be 151
construed to include other extracurricular gatherings or 152
special occasions sponsored, organized, or provided for 153
students by a school district, charter school, or attendance 154
center of a school district that are not athletics, fine 155
arts activities, integrated cocurricular activities, or 156
other extracurricular occurrences directly related to such 157
athletics, fine arts activities, or integrated cocurricular 158
activities. 159
(2) No charter school, school district, or attendance 160
center of a school district shall be required to establish 161
or prohibited from establishing a policy that includes or 162
excludes the participation of [a student who receives 163
instruction at an FPE school, a home school, or at a virtual 164
school as a full-time equivalent] an eligible student in 165
such other extracurricular gatherings or special occasions. 166
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