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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. 906
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
5217S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 160.410, 160.415, 162.081, 167.132, 167.151, 167.241, 167.895, and 167.898,
RSMo, and to enact in lieu thereof seven new sections relating to admission of
nonresident students.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 160.410, 160.415, 162.081, 167.132, 1
167.151, 167.241, 167.895, and 167.898, RSMo, are repealed and 2
seven new sections enacted in lieu thereof, to be known as 3
sections 160.410, 160.415, 162.081, 167.151, 167.241, 167.895, 4
and 167.898, to read as follows:5
160.410. 1. A charter school shall enroll: 1
(1) All pupils resident in the district in which it 2
operates; 3
(2) Nonresident pupils eligible to attend a district's 4
school under an urban voluntary transfer program; 5
(3) Nonresident pupils who transfer [from an 6
unaccredited district] under section 167.895, [provided that 7
the charter school is an approved charter school, as defined 8
in section 167.895, and] subject to all other provisions of 9
section 167.895; 10
(4) In the case of a charter school whose mission 11
includes student drop-out prevention or recovery, any 12
nonresident pupil from the same or an adjacent county who 13
resides in a residential care facility, a transitional 14
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living group home, or an independent living program whose 15
last school of enrollment is in the school district where 16
the charter school is established, who submits a timely 17
application; and 18
(5) In the case of a workplace charter school, any 19
student eligible to attend under subdivision (1) or (2) of 20
this subsection whose parent is employed in the business 21
district, who submits a timely application, unless the 22
number of applications exceeds the capacity of a program, 23
class, grade level or building. The configuration of a 24
business district shall be set forth in the charter and 25
shall not be construed to create an undue advantage for a 26
single employer or small number of employers. 27
2. If capacity is insufficient to enroll all pupils 28
who submit a timely application, the charter school shall 29
have an admissions process that assures all applicants of an 30
equal chance of gaining admission and does not discriminate 31
based on parents' ability to pay fees or tuition except that: 32
(1) A charter school may establish a geographical area 33
around the school whose residents will receive a preference 34
for enrolling in the school, provided that such preferences 35
do not result in the establishment of racially or 36
socioeconomically isolated schools and provided such 37
preferences conform to policies and guidelines established 38
by the state board of education; 39
(2) A charter school may also give a preference for 40
admission of children whose siblings attend the school or 41
whose parents are employed at the school or in the case of a 42
workplace charter school, a child whose parent is employed 43
in the business district or at the business site of such 44
school; 45
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(3) Charter schools may also give a preference for 46
admission to high-risk students, as defined in subdivision 47
(5) of subsection 2 of section 160.405, when the school 48
targets these students through its proposed mission, 49
curriculum, teaching methods, and services; 50
(4) A charter school may also give a preference for 51
admission to students who will be eligible for the free and 52
reduced price lunch program in the upcoming school year. 53
3. A charter school shall not limit admission based on 54
race, ethnicity, national origin, disability, income level, 55
except as allowed under subdivision (4) of subsection 2 of 56
this section, proficiency in the English language or 57
athletic ability, but may limit admission to pupils within a 58
given age group or grade level. Charter schools may limit 59
admission based on gender only when the school is a single- 60
gender school. Students of a charter school who have been 61
enrolled for a full academic year shall be counted in the 62
performance of the charter school on the statewide 63
assessments in that calendar year, unless otherwise exempted 64
as English language learners. For purposes of this 65
subsection, "full academic year" means the last Wednesday in 66
September through the administration of the Missouri 67
assessment program test without transferring out of the 68
school and re-enrolling. 69
4. A charter school shall make available for public 70
inspection, and provide upon request, to the parent, 71
guardian, or other custodian of any school-age pupil 72
resident in the district in which the school is located the 73
following information: 74
(1) The school's charter; 75
(2) The school's most recent annual report card 76
published according to section 160.522; 77
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(3) The results of background checks on the charter 78
school's board members; and 79
(4) If a charter school is operated by a management 80
company, a copy of the written contract between the 81
governing board of the charter school and the educational 82
management organization or the charter management 83
organization for services. The charter school may charge 84
reasonable fees, not to exceed the rate specified in section 85
610.026 for furnishing copies of documents under this 86
subsection. 87
5. When a student attending a charter school who is a 88
resident of the school district in which the charter school 89
is located moves out of the boundaries of such school 90
district, the student may complete the current semester and 91
shall be considered a resident student. The student's 92
parent or legal guardian shall be responsible for the 93
student's transportation to and from the charter school. 94
6. If a change in school district boundary lines 95
occurs under section 162.223, 162.431, 162.441, or 162.451, 96
or by action of the state board of education under section 97
162.081, including attachment of a school district's 98
territory to another district or dissolution, such that a 99
student attending a charter school prior to such change no 100
longer resides in a school district in which the charter 101
school is located, then the student may complete the current 102
academic year at the charter school. The student shall be 103
considered a resident student. The student's parent or 104
legal guardian shall be responsible for the student's 105
transportation to and from the charter school. 106
7. The provisions of sections 167.018 and 167.019 107
concerning foster children's educational rights are 108
applicable to charter schools. 109
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160.415. 1. For the purposes of calculation and 1
distribution of state school aid under section 163.031, 2
pupils enrolled in a charter school shall be included in the 3
pupil enrollment of the school district within which each 4
pupil resides. Each charter school shall report the 5
eligibility for free and reduced price lunch, special 6
education, or limited English proficiency status, as well as 7
eligibility for categorical aid, of pupils resident in a 8
school district who are enrolled in the charter school to 9
the school district in which those pupils reside. The 10
charter school shall report the average daily attendance 11
data, free and reduced price lunch count, special education 12
pupil count, and limited English proficiency pupil count to 13
the state department of elementary and secondary education. 14
Each charter school shall promptly notify the state 15
department of elementary and secondary education and the 16
pupil's school district when a pupil discontinues enrollment 17
at a charter school. 18
2. Except as provided in subsections 3 and 4 of this 19
section, the aid payments for charter schools shall be as 20
described in this subsection. 21
(1) A school district having one or more resident 22
pupils attending a charter school shall pay to the charter 23
school an annual amount equal to the product of the charter 24
school's weighted average daily attendance and the state 25
adequacy target, multiplied by the dollar value modifier for 26
the district, plus local tax revenues per weighted average 27
daily attendance from the incidental and teachers' funds in 28
excess of the performance levy as defined in section 163.011 29
plus all other state aid attributable to such pupils. 30
(2) The district of residence of a pupil attending a 31
charter school shall also pay to the charter school any 32
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other federal or state aid that the district receives on 33
account of such pupil. 34
(3) If the department overpays or underpays the amount 35
due to the charter school, such overpayment or underpayment 36
shall be repaid by the charter school or credited to the 37
charter school in twelve equal payments in the next fiscal 38
year. 39
(4) The amounts provided pursuant to this subsection 40
shall be prorated for partial year enrollment for a pupil. 41
(5) A school district shall pay the amounts due 42
pursuant to this subsection as the disbursal agent and no 43
later than twenty days following the receipt of any such 44
funds. The department of elementary and secondary education 45
shall pay the amounts due when it acts as the disbursal 46
agent within five days of the required due date. 47
3. A workplace charter school shall receive payment 48
for each eligible pupil as provided under subsection 2 of 49
this section, except that if the pupil is not a resident of 50
the district and is participating in a voluntary 51
interdistrict transfer program, the payment for such pupils 52
shall be the same as provided under section 162.1060. 53
4. A charter school that has declared itself as a 54
local educational agency shall receive from the department 55
of elementary and secondary education an annual amount equal 56
to the product of the charter school's weighted average 57
daily attendance and the state adequacy target, multiplied 58
by the dollar value modifier for the district, plus local 59
tax revenues per weighted average daily attendance from the 60
incidental and teachers funds in excess of the performance 61
levy as defined in section 163.011 plus all other state aid 62
attributable to such pupils. If a charter school declares 63
itself as a local educational agency, the department of 64
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elementary and secondary education shall, upon notice of the 65
declaration, reduce the payment made to the school district 66
by the amount specified in this subsection and pay directly 67
to the charter school the annual amount reduced from the 68
school district's payment. 69
5. If a school district fails to make timely payments 70
of any amount for which it is the disbursal agent, the state 71
department of elementary and secondary education shall 72
authorize payment to the charter school of the amount due 73
pursuant to subsection 2 of this section and shall deduct 74
the same amount from the next state school aid apportionment 75
to the owing school district. If a charter school is paid 76
more or less than the amounts due pursuant to this section, 77
the amount of overpayment or underpayment shall be adjusted 78
equally in the next twelve payments by the school district 79
or the department of elementary and secondary education, as 80
appropriate. Any dispute between the school district and a 81
charter school as to the amount owing to the charter school 82
shall be resolved by the department of elementary and 83
secondary education, and the department's decision shall be 84
the final administrative action for the purposes of review 85
pursuant to chapter 536. During the period of dispute, the 86
department of elementary and secondary education shall make 87
every administrative and statutory effort to allow the 88
continued education of students in their current charter 89
school setting. 90
6. The charter school and a local school board may 91
agree by contract for services to be provided by the school 92
district to the charter school. The charter school may 93
contract with any other entity for services. Such services 94
may include but are not limited to food service, custodial 95
service, maintenance, management assistance, curriculum 96
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assistance, media services and libraries and shall be 97
subject to negotiation between the charter school and the 98
local school board or other entity. Documented actual costs 99
of such services shall be paid for by the charter school. 100
7. In the case of a proposed charter school that 101
intends to contract with an education service provider for 102
substantial educational services or management services, the 103
request for proposals shall additionally require the charter 104
school applicant to: 105
(1) Provide evidence of the education service 106
provider's success in serving student populations similar to 107
the targeted population, including demonstrated academic 108
achievement as well as successful management of nonacademic 109
school functions, if applicable; 110
(2) Provide a term sheet setting forth the proposed 111
duration of the service contract; roles and responsibilities 112
of the governing board, the school staff, and the service 113
provider; scope of services and resources to be provided by 114
the service provider; performance evaluation measures and 115
time lines; compensation structure, including clear 116
identification of all fees to be paid to the service 117
provider; methods of contract oversight and enforcement; 118
investment disclosure; and conditions for renewal and 119
termination of the contract; 120
(3) Disclose any known conflicts of interest between 121
the school governing board and proposed service provider or 122
any affiliated business entities; 123
(4) Disclose and explain any termination or nonrenewal 124
of contracts for equivalent services for any other charter 125
school in the United States within the past five years; 126
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(5) Ensure that the legal counsel for the charter 127
school shall report directly to the charter school's 128
governing board; and 129
(6) Provide a process to ensure that the expenditures 130
that the education service provider intends to bill to the 131
charter school shall receive prior approval of the governing 132
board or its designee. 133
8. A charter school may enter into contracts with 134
community partnerships and state agencies acting in 135
collaboration with such partnerships that provide services 136
to students and their families linked to the school. 137
9. A charter school shall be eligible for 138
transportation state aid pursuant to section 163.161 and 139
shall be free to contract with the local district, or any 140
other entity, for the provision of transportation to the 141
students of the charter school. 142
10. (1) The proportionate share of state and federal 143
resources generated by students with disabilities or staff 144
serving them shall be paid in full to charter schools 145
enrolling those students by their school district where such 146
enrollment is through a contract for services described in 147
this section. The proportionate share of money generated 148
under other federal or state categorical aid programs shall 149
be directed to charter schools serving such students 150
eligible for that aid. 151
(2) A charter school shall provide the special 152
services provided pursuant to section 162.705 and may 153
provide the special services pursuant to a contract with a 154
school district or any provider of such services. 155
11. A charter school shall not charge tuition or 156
impose fees that a school district is prohibited from 157
charging or imposing[, except that a charter school may 158
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receive tuition payments from districts in the same or an 159
adjoining county for nonresident students who transfer to an 160
approved charter school, as defined in section 167.895, from 161
an unaccredited district]. 162
12. A charter school is authorized to incur debt in 163
anticipation of receipt of funds. A charter school may also 164
borrow to finance facilities and other capital items. A 165
school district may incur bonded indebtedness or take other 166
measures to provide for physical facilities and other 167
capital items for charter schools that it sponsors or 168
contracts with. Except as otherwise specifically provided 169
in sections 160.400 to 160.425, upon the dissolution of a 170
charter school, any liabilities of the corporation will be 171
satisfied through the procedures of chapter 355. A charter 172
school shall satisfy all its financial obligations within 173
twelve months of notice from the sponsor of the charter 174
school's closure under subsection 8 of section 160.405. 175
After satisfaction of all its financial obligations, a 176
charter school shall return any remaining state and federal 177
funds to the department of elementary and secondary 178
education for disposition as stated in subdivision (17) of 179
subsection 1 of section 160.405. The department of 180
elementary and secondary education may withhold funding at a 181
level the department determines to be adequate during a 182
school's last year of operation until the department 183
determines that school records, liabilities, and reporting 184
requirements, including a full audit, are satisfied. 185
13. Charter schools shall not have the power to 186
acquire property by eminent domain. 187
14. The governing board of a charter school is 188
authorized to accept grants, gifts or donations of any kind 189
and to expend or use such grants, gifts or donations. A 190
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grant, gift or donation shall not be accepted by the 191
governing board if it is subject to any condition contrary 192
to law applicable to the charter school or other public 193
schools, or contrary to the terms of the charter. 194
15. In addition to any state aid remitted to charter 195
schools under this section, the department of elementary and 196
secondary education shall remit to any charter school an 197
amount equal to the weighted average daily attendance of the 198
charter school multiplied by the difference of: 199
(1) The amount of state aid and local aid per weighted 200
average daily attendance received by the school district in 201
which the charter school is located, not including any funds 202
remitted to charter schools in the district. For the 203
purposes of this subdivision, the weighted average daily 204
attendance of the school district shall not include the 205
weighted average daily attendance of the charter schools 206
located in the district; and 207
(2) The amount of state aid and local aid per weighted 208
average daily attendance of the charter school received by 209
the charter school. 210
16. Charter schools may adjust weighted average daily 211
attendance pursuant to section 163.036. 212
17. When calculating the amounts in subdivisions (1) 213
and (2) of subsection 15 of this section, the department 214
shall utilize the most current data to which the department 215
has access. 216
18. For the purposes of subsection 15 of this section: 217
(1) The definitions contained in section 163.011, 218
shall apply; 219
(2) The term "local aid" shall mean all local and 220
county revenue received, including, but not limited to, the 221
following: 222
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(a) Property taxes and delinquent taxes; 223
(b) Merchants' and manufacturers' tax revenues; 224
(c) Financial institutions' tax revenues; 225
(d) City sales tax revenue, including city sales tax 226
collected in any city not within a county; 227
(e) Payments in lieu of taxes; and 228
(f) Revenues from state-assessed railroad and 229
utilities tax; 230
(3) The term local aid shall not be construed to 231
include: 232
(a) Charitable contributions, gifts, and grants made 233
to school districts; 234
(b) Interest earnings of school districts and student 235
fees paid to school districts; 236
(c) Debt service authorized by a public vote for the 237
purpose of making payments on a bond issuance of a school 238
district; 239
(d) Proposition C revenues received for school 240
purposes from the school district trust fund under section 241
163.087; or 242
(e) Any other funding solely intended for a particular 243
school district or their respective employees, schools, 244
foundations, or organizations; 245
(4) The term "state aid" shall mean any revenues 246
received pursuant to this section and sections 163.043 and 247
163.087. 248
19. Notwithstanding any other provision of law to the 249
contrary, subsections 15 to 18 of this section shall be 250
applicable to charter schools operated only in the following 251
school districts, provided that no such school district 252
shall be located in a county with more than one hundred 253
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fifty thousand but fewer than two hundred thousand 254
inhabitants: 255
(1) In a metropolitan school district; 256
(2) In an urban school district containing most or all 257
of a city with more than four hundred thousand inhabitants 258
and located in more than one county; 259
(3) In a school district that has been classified as 260
unaccredited by the state board of education; 261
(4) In a school district that has been classified as 262
provisionally accredited by the state board of education and 263
has received scores on its annual performance report 264
consistent with a classification of provisionally accredited 265
or unaccredited for three consecutive school years beginning 266
with the 2012-13 accreditation year under the conditions 267
described in paragraphs (a) and (b) of subdivision (4) of 268
subsection 2 of section 160.400; or 269
(5) In a school district that has been accredited 270
without provisions, sponsored only by the local school board 271
under the conditions described in subdivision (6) of 272
subsection 2 of section 160.400. 273
20. (1) The members of the governing board of a 274
charter school shall be residents of the state of Missouri. 275
(2) Any current member of a governing board of a 276
charter school who does not meet the requirements in 277
subdivision (1) of this subsection may complete their term. 278
Such individual shall not be renominated as a member of the 279
governing board on which he or she sits. 280
21. (1) Any charter school management company 281
operating a charter school in the state shall be a nonprofit 282
corporation incorporated pursuant to chapter 355. 283
(2) Notwithstanding any provision of law to the 284
contrary, if a charter school is operated by a charter 285
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school management company, all laws and regulations that 286
apply to employees of such charter school shall apply to the 287
actions of any employees of the management company while 288
they are conducting any work relating to the direct decision- 289
making of the operation of such charter school. 290
22. Beginning July 1, 2023, the provisions of section 291
160.995 shall be applicable to charter schools. 292
23. Each charter school shall publish its annual 293
performance report on the school's website in a downloadable 294
format. 295
162.081. 1. Whenever any school district in this 1
state fails or refuses in any school year to provide for the 2
minimum school term required by section 163.021 or is 3
classified unaccredited, the state board of education shall, 4
upon a district's initial classification or reclassification 5
as unaccredited: 6
(1) Review the governance of the district to establish 7
the conditions under which the existing school board shall 8
continue to govern; or 9
(2) Determine the date the district shall lapse and 10
determine an alternative governing structure for the 11
district. 12
2. If at the time any school district in this state 13
shall be classified as unaccredited, the department of 14
elementary and secondary education shall conduct at least 15
two public hearings at a location in the unaccredited school 16
district regarding the accreditation status of the school 17
district. The hearings shall provide an opportunity to 18
convene community resources that may be useful or necessary 19
in supporting the school district as it attempts to return 20
to accredited status, continues under revised governance, or 21
plans for continuity of educational services and resources 22
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upon its attachment to a neighboring district. The 23
department may request the attendance of stakeholders and 24
district officials to review the district's plan to return 25
to accredited status, if any; offer technical assistance; 26
and facilitate and coordinate community resources. Such 27
hearings shall be conducted at least twice annually for 28
every year in which the district remains unaccredited or 29
provisionally accredited. 30
3. Upon classification of a district as unaccredited, 31
the state board of education may: 32
(1) Allow continued governance by the existing school 33
district board of education under terms and conditions 34
established by the state board of education; or 35
(2) Lapse the corporate organization of all or part of 36
the unaccredited district and: 37
(a) Appoint a special administrative board for the 38
operation of all or part of the district. If a special 39
administrative board is appointed for the operation of a 40
part of a school district, the state board of education 41
shall determine an equitable apportionment of state and 42
federal aid for the part of the district and the school 43
district shall provide local revenue in proportion to the 44
weighted average daily attendance of the part. The number 45
of members of the special administrative board shall not be 46
less than five, the majority of whom shall be residents of 47
the district. The members of the special administrative 48
board shall reflect the population characteristics of the 49
district and shall collectively possess strong experience in 50
school governance, management and finance, and leadership. 51
The state board of education may appoint members of the 52
district's elected school board to the special 53
administrative board, but members of the elected school 54
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board shall not comprise more than forty-nine percent of the 55
special administrative board's membership. Within fourteen 56
days after the appointment by the state board of education, 57
the special administrative board shall organize by the 58
election of a president, vice president, secretary and a 59
treasurer, with their duties and organization as enumerated 60
in section 162.301. The special administrative board shall 61
appoint a superintendent of schools to serve as the chief 62
executive officer of the school district, or a subset of 63
schools, and to have all powers and duties of any other 64
general superintendent of schools in a seven-director school 65
district. Any special administrative board appointed under 66
this section shall be responsible for the operation of the 67
district or part of the district until such time that the 68
district is classified by the state board of education as 69
provisionally accredited for at least two successive 70
academic years, after which time the state board of 71
education may provide for a transition pursuant to section 72
162.083; or 73
(b) Determine an alternative governing structure for 74
the district including, at a minimum: 75
a. A rationale for the decision to use an alternative 76
form of governance and in the absence of the district's 77
achievement of full accreditation, the state board of 78
education shall review and recertify the alternative form of 79
governance every three years; 80
b. A method for the residents of the district to 81
provide public comment after a stated period of time or upon 82
achievement of specified academic objectives; 83
c. Expectations for progress on academic achievement, 84
which shall include an anticipated time line for the 85
district to reach full accreditation; and 86
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d. Annual reports to the general assembly and the 87
governor on the progress towards accreditation of any 88
district that has been declared unaccredited and is placed 89
under an alternative form of governance, including a review 90
of the effectiveness of the alternative governance; or 91
(c) Attach the territory of the lapsed district to 92
another district or districts for school purposes; or 93
(d) Establish one or more school districts within the 94
territory of the lapsed district, with a governance 95
structure specified by the state board of education, with 96
the option of permitting a district to remain intact for the 97
purposes of assessing, collecting, and distributing property 98
taxes, to be distributed equitably on a weighted average 99
daily attendance basis, but to be divided for operational 100
purposes, which shall take effect sixty days after the 101
adjournment of the regular session of the general assembly 102
next following the state board's decision unless a statute 103
or concurrent resolution is enacted to nullify the state 104
board's decision prior to such effective date. 105
4. If a district remains under continued governance by 106
the school board under subdivision (1) of subsection 3 of 107
this section and either has been unaccredited for three 108
consecutive school years and failed to attain accredited 109
status after the third school year or has been unaccredited 110
for two consecutive school years and the state board of 111
education determines its academic progress is not consistent 112
with attaining accredited status after the third school 113
year, then the state board of education shall proceed under 114
subdivision (2) of subsection 3 of this section in the 115
following school year. 116
5. A special administrative board or any other form of 117
governance appointed under this section shall retain the 118
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authority granted to a board of education for the operation 119
of the lapsed school district under the laws of the state in 120
effect at the time of the lapse and may enter into contracts 121
with accredited school districts or other education service 122
providers in order to deliver high-quality educational 123
programs to the residents of the district. If a student 124
graduates while attending a school building in the district 125
that is operated under a contract with an accredited school 126
district as specified under this subsection, the student 127
shall receive his or her diploma from the accredited school 128
district. The authority of the special administrative board 129
or any other form of governance appointed under this section 130
shall expire at the end of the third full school year 131
following its appointment, unless extended by the state 132
board of education. If the lapsed district is reassigned, 133
the governing board prior to lapse shall provide an 134
accounting of all funds, assets and liabilities of the 135
lapsed district and transfer such funds, assets, and 136
liabilities of the lapsed district as determined by the 137
state board of education. Neither the special 138
administrative board nor any other form of governance 139
appointed under this section nor its members or employees 140
shall be deemed to be the state or a state agency for any 141
purpose, including section 105.711, et seq. The state of 142
Missouri, its agencies and employees shall be absolutely 143
immune from liability for any and all acts or omissions 144
relating to or in any way involving the lapsed district, a 145
special administrative board, any other form of governance 146
appointed under this section, or the members or employees of 147
the lapsed district, a special administrative board, or any 148
other form of governance appointed under this section. Such 149
immunities, and immunity doctrines as exist or may hereafter 150
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exist benefitting boards of education, their members and 151
their employees shall be available to the special 152
administrative board or any other form of governance 153
appointed under this section and the members and employees 154
of the special administrative board or any other form of 155
governance appointed under this section. 156
6. Neither the special administrative board nor any 157
other form of governance appointed under this section nor 158
any district or other entity assigned territory, assets or 159
funds from a lapsed district shall be considered a successor 160
entity for the purpose of employment contracts, unemployment 161
compensation payment pursuant to section 288.110, or any 162
other purpose. 163
7. If additional teachers are needed by a district as 164
a result of increased enrollment due to the annexation of 165
territory of a lapsed or dissolved district, such district 166
shall grant an employment interview to any permanent teacher 167
of the lapsed or dissolved district upon the request of such 168
permanent teacher. 169
8. In the event that a school district with an 170
enrollment in excess of five thousand pupils lapses, no 171
school district shall have all or any part of such lapsed 172
school district attached without the approval of the board 173
of the receiving school district. 174
9. If the state board of education reasonably believes 175
that a school district is unlikely to provide for the 176
minimum school term required by section 163.021 because of 177
financial difficulty, the state board of education may, 178
prior to the start of the school term: 179
(1) Allow continued governance by the existing 180
district school board under terms and conditions established 181
by the state board of education; or 182
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(2) Lapse the corporate organization of the district 183
and implement one of the options available under subdivision 184
(2) of subsection 3 of this section. 185
10. The provisions of subsection 9 of this section 186
shall not apply to any district solely on the basis of 187
financial difficulty resulting from paying [tuition] costs 188
associated with the provision of special education and 189
related services and providing transportation for transfer 190
students under sections 167.895 and 167.898. 191
167.151. 1. The school board of any district: 1
(1) In its discretion, may admit to the school pupils 2
not entitled to free instruction; and 3
(2) Shall prescribe the tuition fee to be paid by 4
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 8
168.151. 9
2. Orphan children, children with only one parent 10
living, and children whose parents do not contribute to 11
their support - if the children are between the ages of six 12
and twenty years and are unable to pay tuition - may attend 13
the schools of any district in the state in which they have 14
a permanent or temporary home without paying a tuition fee. 15
3. (1) For all school years ending on or before June 16
30, 2023, any individual who pays a school tax in any other 17
district than that in which such individual resides may send 18
such individual's children to any public school in the 19
district in which the tax is paid and receive as a credit on 20
the amount charged for tuition the amount of the school tax 21
paid to the district; except that any individual who owns 22
real estate of which eighty acres or more are used for 23
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agricultural purposes and upon which such individual's 24
residence is situated may send such individual's children to 25
public school in any school district in which a part of such 26
real estate, contiguous to that upon which such individual's 27
residence is situated, lies and shall not be charged tuition 28
therefor; so long as thirty-five percent of the real estate 29
is located in the school district of choice. The school 30
district of choice shall count the children in its average 31
daily attendance for the purpose of distribution of state 32
aid through the foundation formula. 33
(2) For all school years beginning on or after July 1, 34
2023, any current owner of residential real property or 35
agricultural real property or a named beneficiary of a trust 36
that currently owns residential real property or 37
agricultural real property and that pays a school tax in a 38
district or districts other than the district in which such 39
current owner or current beneficiary resides may send up to 40
four of such owner's or beneficiary's children to a public 41
school, excluding a charter school, in any district in which 42
such owner or trust pays such school tax. For purposes of 43
this subdivision, "residential real property" shall not 44
include any multifamily residential property which exceeds 45
four units. An owner or a named beneficiary of a trust that 46
currently owns residential real property shall not be 47
permitted under this subdivision to send their child to a 48
district outside of the county in which they currently 49
reside. Such owner or beneficiary shall send thirty days' 50
written notice to all school districts involved specifying 51
which school district each child will attend. Such owner or 52
beneficiary shall also present proof of the owner's or 53
trust's annual payment of at least two thousand dollars of 54
school taxes levied on the real property specified in this 55
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subdivision within such school district and ownership of the 56
specified real property for not less than the immediately 57
preceding four consecutive years. Neither the resident nor 58
nonresident districts shall be responsible for providing 59
transportation services under this subdivision. The school 60
district attended shall count a child attending under this 61
subdivision in its average daily attendance for the purpose 62
of distribution of state aid under chapter 163, except that 63
such nonresident students shall not be counted in the 64
district's average daily attendance for the purposes of 65
determining eligibility for aid payments under section 66
163.044. 67
4. For any school year ending on or before June 30, 68
2023, any owner of agricultural land who, pursuant to 69
subsection 3 of this section, has the option of sending such 70
individual's children to the public schools of more than one 71
district shall exercise such option as provided in this 72
subsection. Such person shall send written notice to all 73
school districts involved specifying to which school 74
district such children will attend by June thirtieth in 75
which such a school year begins. If notification is not 76
received, such children shall attend the school in which the 77
majority of such individual's property lies. Such person 78
shall not send any of such individual's children to the 79
public schools of any district other than the one to which 80
such individual has sent notice pursuant to this subsection 81
in that school year or in which the majority of such 82
individual's property lies without paying tuition to such 83
school district. 84
5. If a pupil is attending school in a district other 85
than the district of residence and the pupil's parent is 86
teaching in the school district or is a regular employee of 87
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the school district which the pupil is attending, then the 88
district in which the pupil attends school shall allow the 89
pupil to attend school upon payment of tuition in the same 90
manner in which the district allows other pupils not 91
entitled to free instruction to attend school in the 92
district. The provisions of this subsection shall apply 93
only to pupils attending school in a district which has an 94
enrollment in excess of thirteen thousand pupils and not in 95
excess of fifteen thousand pupils and which district is 96
located in a county with a charter form of government which 97
has a population in excess of six hundred thousand persons 98
and not in excess of nine hundred thousand persons. 99
6. (1) As used in this subsection, the following 100
terms mean: 101
(a) "Contractor", an individual who devotes at least 102
twenty paid hours per week fulfilling employment 103
requirements or providing services to or for the benefit of 104
a school district or charter school, or public school 105
employer in such district or charter school in any job title 106
or position that is covered for an employee with such job 107
title or in such position by a retirement system created 108
under chapter 169 under a contract between such individual 109
or such individual's employer and such school district, 110
charter school, or public school; 111
(b) "Regular employee", an individual who devotes at 112
least twenty paid hours per week fulfilling employment 113
requirements or providing services to or for the benefit of 114
a school district, public school in such district, or 115
charter school in any position that is covered by a 116
retirement system created under chapter 169. 117
(2) (a) For the 2025-26 school year and all 118
subsequent school years, a school district or charter school 119
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may, if approved by a majority vote of the members of the 120
school board of the school district or governing board of 121
the charter school, adopt a policy to admit a child whose 122
parent is a contractor or regular employee of a school 123
district other than the child's school district of 124
residence, a public school in such district, or a charter 125
school, and, if such a policy is adopted, such child may 126
attend school in such nonresident school district or charter 127
school. 128
(b) Such nonresident school district or charter school 129
shall allow the child to attend school in the same manner in 130
which the district or charter school allows other pupils who 131
are entitled to free instruction to attend school in the 132
district and without paying a tuition fee. 133
(c) Such child shall be considered a resident pupil of 134
such nonresident district or charter school under the 135
definition of average daily attendance in section 163.011, 136
except that for a student attending a nonresident charter 137
school, the charter school shall receive a state aid payment 138
in an amount determined by multiplying the charter school's 139
weighted average daily attendance of such transferring 140
student enrolled in the charter school by the state adequacy 141
target and multiplying this product by the dollar-value 142
modifier for the district in which the charter school is 143
located, and the provisions of section 160.415 shall not 144
apply to any nonresident student attending a charter 145
school. For purposes of this paragraph, the terms "dollar- 146
value modifier", "state adequacy target", and "weighted 147
average daily attendance" shall have the same meaning as 148
such terms are defined in section 163.011. 149
(d) If such child wishes to attend a school within the 150
nonresident district or charter school that is a magnet 151
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school, an academically selective school, or a school with a 152
competitive entrance process that has admissions 153
requirements, the child's parent shall furnish proof that 154
the child meets the admissions requirements for such school 155
in order to attend. 156
(3) The school district, charter school, or public 157
school may require: 158
(a) A contractor to provide documentation showing that 159
such contractor meets the requirements of this subsection; 160
and 161
(b) A contractor or regular employee to have worked a 162
minimum number of days, not to exceed sixty, for such 163
contractor's or regular employee's child to be eligible to 164
attend school in such nonresident school district or charter 165
school under this subsection. 166
(4) Neither the resident district or charter school 167
nor the nonresident district or charter school shall be 168
responsible for providing transportation services under this 169
subsection. 170
(5) If the parent of a nonresident child attending 171
school under this subsection ceases to be a contractor or 172
regular employee of a school district or charter school, the 173
child may complete the school year as provided under the 174
provisions of this subsection. 175
167.241. 1. Except as otherwise provided under this 1
section, transportation for pupils whose tuition the 2
district of residence is required to pay by section 167.131 3
or who are assigned as provided in section 167.121 shall be 4
provided by the district of residence. 5
2. In the case of pupils covered by section 167.131, 6
the district of residence shall be required to provide 7
transportation only to school districts accredited by the 8
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state board of education pursuant to the authority of the 9
state board of education to classify schools as established 10
in section 161.092, and those school districts designated by 11
the board of education of the district of residence. 12
3. [(1) For purposes of this subsection, "approved 13
charter school" has the same meaning given to the term under 14
section 167.895. 15
(2)] For pupils [covered by] transferring to another 16
school district or charter school pursuant to the provisions 17
of section 167.895, the district of residence shall be 18
required to provide transportation only to school districts 19
or [approved] charter schools designated by the department 20
of elementary and secondary education or its designee. For 21
such pupils [covered by section 167.895], the department of 22
elementary and secondary education or its designee shall 23
designate at least one [accredited] school district or 24
[approved] charter school to which the district of residence 25
shall provide transportation. If the designated district or 26
charter school reaches full student capacity and is unable 27
to receive additional students, the department of elementary 28
and secondary education or its designee shall designate at 29
least one additional [accredited] school district or 30
[approved] charter school to which the district of residence 31
shall provide transportation. 32
167.895. 1. For purposes of this section and section 1
167.898, the following terms mean: 2
(1) ["Approved charter school", a charter school that 3
has existed for less than three years or a charter school 4
with a three-year average score consistent with a 5
classification of accredited without provisions on its 6
annual performance report] "Charter school", an independent 7
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public school established pursuant to the provisions of 8
sections 160.400 to 160.425; 9
(2) ["Attendance center", a public school building, 10
public school buildings, or part of a public school building 11
that offers education in a grade or grades not higher than 12
the twelfth grade and that constitutes one unit for 13
accountability and reporting purposes for the department of 14
elementary and secondary education; 15
(3) "Available receiving district", a school district 16
able to receive transfer students under this section; 17
(4)] "Receiving district", a school district receiving 18
transfer students under this section; 19
[(5)] (3) "Sending district", a school district from 20
which students are transferring to a receiving district or 21
[approved] charter school, as allowed under this section. 22
2. (1) Any student may transfer to another public 23
school [in the student's district of residence if such 24
student is enrolled in and has attended, for the full 25
semester immediately prior to requesting the transfer, an 26
attendance center: 27
(a) That is located within an unaccredited district; 28
and 29
(b) That has an annual performance report score 30
consistent with a classification of unaccredited] pursuant 31
to the provisions of this section beginning in the 2027-28 32
school year and in all subsequent school years. However, no 33
such transfer shall result in a class size and assigned 34
enrollment in a receiving school that exceeds the standards 35
for class size and assigned enrollment as promulgated in the 36
Missouri school improvement program's resource standards. 37
If the student chooses to attend a magnet school, an 38
academically selective school, or a school with a 39
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competitive entrance process within his or her district of 40
residence that has admissions requirements, the student 41
shall meet the admissions requirements in order to attend. 42
(2) The school board of each [unaccredited] school 43
district shall determine the capacity at each [of the 44
district's attendance centers that has an annual performance 45
report score consistent with a classification of accredited] 46
grade level and each school, and shall accept all transfer 47
students who apply and are assigned to the school district 48
as provided in section 167.898 so long as there is capacity 49
in the requested grade level and school. The district's 50
school board shall be responsible for coordinating transfers 51
within the district as allowed under this subsection, and 52
school board policies governing transfers shall not 53
discriminate against any student on the basis of his or her 54
residential address, academic performance, athletic ability, 55
disability, race, ethnicity, sex, or free and reduced price 56
lunch status. 57
(3) The school board of each [unaccredited] school 58
district shall [annually] report to the department of 59
elementary and secondary education or its designee the 60
number of available slots in [attendance centers within the 61
district that have annual performance report scores 62
consistent with a classification of accredited] each grade 63
level and each school, the number of students who request to 64
transfer within the district, and the number of such 65
transfer requests that are granted and denied by July 15, 66
2027, and by the first day of each month thereafter. The 67
department of elementary and secondary education shall 68
publish and update the capacity of each district's grade 69
levels and schools on its website. 70
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3. [(1) Any student who is eligible to transfer 71
within his or her district under subsection 2 of this 72
section but who is unable to do so due to a lack of capacity 73
in the attendance centers in his or her district of 74
residence may apply to the department of elementary and 75
secondary education or its designee to transfer to: 76
(a) An attendance center: 77
a. That is located within an accredited district that 78
is located in the same or an adjoining county; and 79
b. That has an annual performance report score 80
consistent with a classification of accredited; or 81
(b) An approved charter school located in another 82
district in the same or an adjoining county. 83
(2) A student who is eligible to begin kindergarten or 84
first grade at an attendance center: 85
(a) That is located within an unaccredited district; 86
(b) That has an annual performance report score 87
consistent with a classification of unaccredited; and 88
(c) That offers classes above the second grade level 89
may apply to the department of elementary and secondary 90
education or its designee for a transfer to a school 91
described under paragraph (a) or (b) of subdivision (1) of 92
this subsection if he or she resides in the attendance area 93
of the attendance center described under this subdivision on 94
March first preceding the school year of first attendance. 95
A student who does not apply by March first for enrollment 96
in any school year after the 2019-20 school year shall be 97
required to enroll and attend the attendance center 98
described under this subdivision for one semester to become 99
eligible. 100
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(3)] If a student who is eligible to transfer under 101
this [subsection] section chooses to apply to attend a 102
magnet school, an academically selective school, or a school 103
with a competitive entrance process that has admissions 104
requirements, the student shall furnish proof that he or she 105
meets the admissions requirements. 106
[(4) Any student who does not maintain residency in 107
the attendance area of his or her attendance center in the 108
district of residence shall lose eligibility to transfer. 109
(5) Except as provided under subsection 7 of this 110
section, any student who transfers but later withdraws shall 111
lose eligibility to transfer. 112
(6) The transfer provisions of this subsection shall 113
not apply to a district created under sections 162.815 to 114
162.840 or to any early childhood programs or early 115
childhood special education programs. 116
4. (1) No student enrolled in and attending an 117
attendance center that does not offer classes above the 118
second grade level shall be eligible to transfer under this 119
section. 120
(2) No student who is eligible to begin kindergarten 121
or first grade at an attendance center that does not offer 122
classes above the second grade level shall be eligible to 123
transfer under this section. 124
5. (1) (a) No provisionally accredited district 125
shall be eligible to receive transfer students. 126
(b) Except as provided under paragraph (c) of this 127
subdivision, no attendance center that has an annual 128
performance report score consistent with a classification of 129
provisionally accredited shall be eligible to receive 130
transfer students. 131
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(c) A transfer student who chooses to attend an 132
attendance center that has an annual performance report 133
score consistent with a classification of provisionally 134
accredited and that is located within his or her 135
unaccredited district of residence shall be allowed to 136
transfer to such attendance center if there is an available 137
slot. 138
(2) (a) No unaccredited district shall be eligible to 139
receive transfer students. 140
(b) No attendance center that has an annual 141
performance report score consistent with a classification of 142
unaccredited shall be eligible to receive transfer students. 143
(3) No district or attendance center that has received 144
two consecutive annual performance reports consistent with a 145
classification of provisionally accredited for the years 146
immediately preceding the year in which it seeks to enroll 147
transfer students shall be eligible to receive any transfer 148
students, irrespective of its state board of education 149
classification designation; except that, any student who was 150
granted a transfer to such a district or attendance center 151
prior to August 28, 2019 may remain enrolled in that 152
district or attendance center. 153
6. Notwithstanding the provisions of subsection 5 of 154
this section, a student may transfer to an attendance center: 155
(1) That is located within an unaccredited or 156
provisionally accredited district; and 157
(2) That has an annual performance report score 158
consistent with a classification of accredited 159
if the attendance center applies for and is granted a waiver 160
by the department of elementary and secondary education or 161
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its designee to allow the attendance center to accept 162
transfer students. 163
7. If a receiving district becomes unaccredited or 164
provisionally accredited, or if an approved charter school 165
loses its status as an approved charter school, any students 166
who previously transferred to the district or charter school 167
shall receive the opportunity to remain enrolled in the 168
district or charter school or to transfer to another 169
district or approved charter school without losing their 170
eligibility to transfer. 171
8. For a receiving district, no acceptance of a 172
transfer student shall require any of the following actions, 173
unless the board of education of the receiving district has 174
approved the action: 175
(1) The hiring of additional classroom teachers; 176
(2) The construction of additional classrooms; or 177
(3) A class size and assigned enrollment in a 178
receiving school that exceeds the standards for class size 179
and assigned enrollment as promulgated in the Missouri 180
school improvement program's resource standards. 181
9. (1) By July 15, 2019, the board of education of 182
each available receiving district and the governing board of 183
each approved charter school eligible to receive transfer 184
students under this section shall set the number of transfer 185
students the district or charter school is able to receive 186
for the 2019-20 school year. 187
(2) By February first annually, the board of education 188
of each available receiving district and the governing board 189
of each approved charter school eligible to receive transfer 190
students under this section shall set the number of transfer 191
students the district or charter school is able to receive 192
for the following school year. 193
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(3) An available receiving district or approved 194
charter school eligible to receive transfer students under 195
this section shall publish the number set under this 196
subsection and shall not be required to accept any transfer 197
students under this section that would cause it to exceed 198
the published number. 199
10. (1) Each available receiving district shall adopt 200
a policy establishing a tuition rate for transfer students 201
by February first annually. 202
(2) Each approved charter school eligible to receive 203
transfer students under this section shall adopt a policy 204
establishing a tuition rate for transfer students by 205
February first annually. 206
(3) A sending district shall pay the receiving 207
district or the approved charter school the amount specified 208
under section 167.132 for each transfer student.] 209
4. Notwithstanding the provisions of chapter 163 or 210
federal calculations of military impact aid to the contrary, 211
for the purposes of determining state and federal aid, a 212
transfer student shall be counted as a resident of the 213
receiving district in which the student is enrolled. 214
Tuition shall not be charged to any student or to his or her 215
parent or legal guardian. 216
[11.] 5. A student whose transfer application has been 217
denied by a receiving district shall have the right to 218
appeal the decision of the receiving district to the 219
department of elementary and secondary education. The 220
appeal shall be taken within fifteen days after the decision 221
of the [department] receiving district and may be taken by 222
filing notice of appeal with the department. Such appeal 223
shall be heard as provided in chapter 536. 224
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[12. If an unaccredited district becomes classified as 225
provisionally accredited or accredited without provisions by 226
the state board of education, or if an attendance center 227
within an unaccredited district improves its annual 228
performance report score from a score that is consistent 229
with a classification of unaccredited to a score that is 230
consistent with a classification of provisionally accredited 231
or accredited, any resident student of the unaccredited 232
district who has transferred to an approved charter school 233
or to an accredited district in the same or an adjoining 234
county, as allowed under subsection 3 of this section, shall 235
be permitted to continue his or her educational program in 236
the receiving district or charter school through the 237
completion of middle school, junior high school, or high 238
school, whichever occurs first; except that, a student who 239
attends any school serving students through high school 240
graduation but starting at grades lower than ninth grade 241
shall be permitted to complete high school in the school to 242
which he or she has transferred. 243
13.] 6. Notwithstanding the provisions of subsection 244
[10] 4 of this section, if [costs associated with the 245
provision of special education and related services to a 246
student with a disability exceed the tuition amount 247
established under this section, the unaccredited district 248
shall remain responsible for paying the excess cost to the 249
receiving district. If] the receiving district is a 250
component district of a special school district, the 251
[unaccredited] sending district, including any metropolitan 252
school district, shall contract with the special school 253
district for the entirety of the costs to provide special 254
education and related services, excluding transportation in 255
accordance with this section. The special school district 256
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may contract with [an unaccredited] a sending district, 257
including any metropolitan district, for the provision of 258
transportation of a student with a disability or the 259
[unaccredited] sending district may provide transportation 260
on its own. 261
[14.] 7. A special school district shall continue to 262
provide special education and related services, with the 263
exception of transportation under this section, to a student 264
with a disability transferring [from an attendance center 265
with an annual performance report score consistent with a 266
classification of unaccredited that is within a component 267
district to an attendance center with an annual performance 268
report score consistent with a classification of accredited 269
that is within the same or a different component district] 270
to another school within the special school district. 271
[15.] 8. If [any] the sending district is a 272
metropolitan school district [is classified as 273
unaccredited], it shall remain responsible for the provision 274
of special education and related services, including 275
transportation, to students with disabilities. A special 276
school district in an adjoining county to a metropolitan 277
school district may contract with the metropolitan school 278
district for the reimbursement of special education services 279
under sections 162.705 and 162.710 provided by the special 280
school district for transfer students who are residents of 281
the [unaccredited] sending district. 282
[16.] 9. Regardless of whether transportation is 283
identified as a related service within a student's 284
individualized education program, a receiving district that 285
is not part of a special school district shall not be 286
responsible for providing transportation to a student 287
transferring under this section. [An unaccredited] A 288
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sending district may contract with a receiving district that 289
is not part of a special school district under sections 290
162.705 and 162.710 for transportation of students with 291
disabilities. 292
[17.] 10. If the sending district is a seven-director 293
school district or urban school district [is classified as 294
unaccredited], it may contract with a receiving district 295
that is not part of a special school district in the same or 296
an adjoining county for the reimbursement of special 297
education and related services under sections 162.705 and 298
162.710 provided by the receiving district for transfer 299
students who are residents of the [unaccredited] sending 300
district. 301
167.898. 1. (1) By July 15, [2019] 2027, and by 1
[January first annually] the first day of each month 2
thereafter, each [accredited] school district[, any portion 3
of which is located in the same county as or in an adjoining 4
county to an unaccredited district,] shall report to the 5
department of elementary and secondary education or its 6
designee the number of available enrollment slots by grade 7
level and school. 8
(2) [By July 15, 2019, and by January first annually, 9
each unaccredited district shall report to the department of 10
elementary and secondary education or its designee the 11
number of available enrollment slots in the schools of its 12
district that have received annual performance report scores 13
consistent with a classification of accredited. 14
(3)] By July 15, [2019] 2027, and by [January first 15
annually] the first day of each month thereafter, each 16
[approved] charter school [that is eligible to receive 17
transfer students under section 167.895] shall report to the 18
department of elementary and secondary education or its 19
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designee the number of available enrollment slots by grade 20
level. 21
2. The department of elementary and secondary 22
education or its designee shall make information and 23
assistance available to parents or guardians who intend to 24
transfer their child to [an accredited] a receiving district 25
or [to an approved] charter school as described under 26
section 167.895. 27
3. The parent or guardian of a student who intends to 28
transfer his or her child to [an accredited] a receiving 29
district or [to an approved] charter school as described 30
under section 167.895 for enrollment in that district or 31
charter school in any school year after the [2019-20] 2026- 32
27 school year shall send initial notification to the 33
department of elementary and secondary education or its 34
designee by [March first for enrollment in the subsequent 35
school year] August 1, 2027, and by the first day of each 36
month thereafter, for enrollment in any subsequent month. 37
4. The department of elementary and secondary 38
education or its designee shall assign those students who 39
seek to transfer to [an accredited] a receiving district or 40
[to an approved] charter school as described under section 41
167.895. When assigning transfer students to [approved] 42
charter schools, the department of elementary and secondary 43
education or its designee shall coordinate with each 44
[approved] charter school and its admissions process if 45
capacity is insufficient to enroll all students who submit a 46
timely application. [An approved] A charter school shall 47
not be required to institute a lottery procedure for 48
determining the admission of resident students. The 49
department of elementary and secondary education or its 50
designee shall give first priority to students who live in 51
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the same household with any family member within the first 52
or second degree of consanguinity or affinity who already 53
attends a school with an annual performance report score 54
consistent with a classification of accredited and who apply 55
to attend the same school. If insufficient grade- 56
appropriate enrollment slots are available for a student to 57
be able to transfer, the student shall receive first 58
priority the following [school year] month. The department 59
of elementary and secondary education or its designee shall 60
consider the following factors in assigning school districts 61
and charter schools: 62
(1) The student's or parent's choice of the receiving 63
school district or charter school; 64
(2) The best interests of the student; 65
(3) The availability of transportation funding, as 66
provided under section 167.241; and 67
(4) Distance and travel time to a receiving school. 68
The department of elementary and secondary education or its 69
designee shall not consider student academic performance, 70
free and reduced price lunch status, or athletic ability in 71
assigning a student to a school. The parent or guardian may 72
make an application for a specific building assignment 73
within the district or [approved] charter school. Final 74
building assignment shall be determined by the receiving 75
school district or [approved] charter school. 76
5. (1) The department of elementary and secondary 77
education or its designee may deny a transfer to a student 78
who in the most recent school year has been suspended from 79
school two or more times or who has been suspended for an 80
act of school violence under subsection 2 of section 81
160.261. A student whose transfer is initially precluded 82
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under this subsection may be permitted to transfer on a 83
provisional basis as a probationary transfer student, 84
subject to no further disruptive behavior, upon a statement 85
from the student's current school that the student is not 86
disruptive. A student who is denied a transfer under this 87
subsection has the right to an in-person meeting with an 88
employee of the department of elementary and secondary 89
education or its designee. 90
(2) The department of elementary and secondary 91
education shall promulgate rules to provide common standards 92
for determining disruptive behavior that shall include, but 93
not be limited to, criteria under section 160.261. Any rule 94
or portion of a rule, as that term is defined in section 95
536.010, that is created under the authority delegated in 96
this section shall become effective only if it complies with 97
and is subject to all of the provisions of chapter 536 and, 98
if applicable, section 536.028. This section and chapter 99
536 are nonseverable, and if any of the powers vested with 100
the general assembly pursuant to chapter 536 to review, to 101
delay the effective date, or to disapprove and annul a rule 102
are subsequently held unconstitutional, then the grant of 103
rulemaking authority and any rule proposed or adopted after 104
August 28, 2019, shall be invalid and void. 105
[167.132. 1. For purposes of this 1
section, the following terms mean: 2
(1) "Receiving approved charter school", 3
an approved charter school, as defined under 4
section 167.895, receiving transfer students 5
under section 167.895; 6
(2) "Receiving district", a school 7
district receiving transfer students under 8
section 167.895; 9
(3) "Sending district", a school district 10
from which students are transferring to a 11
SB 906 40
receiving district or approved charter school, 12
as allowed under section 167.895; 13
(4) "State adequacy target", the same 14
meaning given to the term under section 163.011. 15
2. Notwithstanding any other provision of 16
law, the tuition rate paid by a sending district 17
to the receiving district or the receiving 18
approved charter school for transfer students 19
shall be the lesser of: 20
(1) The tuition rate set by the receiving 21
district or the receiving approved charter 22
school under the policy adopted in accordance 23
with section 167.895; or 24
(2) The state adequacy target plus the 25
average sum produced per child by the local tax 26
effort above the state adequacy target of the 27
sending district.] 28
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