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SB971 • 2026

Establishes provisions relating to student transfers to nonresident districts

Establishes provisions relating to student transfers to nonresident districts

Budget Children Education
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Trent, Curtis; House handler: N/A
Last action
2026-05-15
Official status
Informal Calendar S Bills for Perfection
Effective date
2026-08-28

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Establishes provisions relating to student transfers to nonresident districts

The following summaries of this bill are available: Print All Summaries Senate Committee Substitute Print SCS/SBs 971 & 906 - This act establishes the "Public School Open Enrollment Act" to enable students to transfer from their charter school or resident school district ("resident local education agency" or "LEA") to a nonresident LEA.

What This Bill Does

  • The following summaries of this bill are available: Print All Summaries Senate Committee Substitute Print SCS/SBs 971 & 906 - This act establishes the "Public School Open Enrollment Act" to enable students to transfer from their charter school or resident school district ("resident local education agency" or "LEA") to a nonresident LEA.
  • (Section 167.1200) No student shall be enrolled under the Public School Open Enrollment Act before July 1, 2028.
  • (Section 167.1230) TRANSFER POLICY AND PARTICIPATION (Section 167.1205) Any student in kindergarten to grade 12 may attend school in a nonresident LEA participating in the open enrollment program.
  • Before November 1st of each year, each charter school or school district, defined as a "local education agency" or "LEA", shall adopt a resolution stating whether the LEA intends to participate in the program by receiving transferring students during the subsequent school year.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-05-15 Missouri House of Representatives and Missouri Senate

    Informal Calendar S Bills for Perfection

  2. 2026-03-03 S514

    Bill Placed on Informal Calendar

  3. 2026-02-19 S414

    Reported from S Education Committee w/SCS

  4. 2026-02-10 Missouri House of Representatives and Missouri Senate

    SCS Voted Do Pass (w/SCS SBs 971 & 906) Education Committee (4698S.02C)

  5. 2026-02-03 Missouri House of Representatives and Missouri Senate

    Hearing Conducted S Education Committee

  6. 2026-01-29 Missouri House of Representatives and Missouri Senate

    Hearing Cancelled S Education Committee

  7. 2026-01-08 S129

    Second Read and Referred S Education Committee

  8. 2026-01-07 S48

    S First Read

  9. 2025-12-01 Missouri House of Representatives and Missouri Senate

    Prefiled

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Senate Committee Substitute

Print

SCS/SBs 971 & 906 - This act establishes the "Public School Open Enrollment Act" to enable students to transfer from their charter school or resident school district ("resident local education agency" or "LEA") to a nonresident LEA. (Section 167.1200)

No student shall be enrolled under the Public School Open Enrollment Act before July 1, 2028. (Section 167.1230)

TRANSFER POLICY AND PARTICIPATION
(Section 167.1205)
Any student in kindergarten to grade 12 may attend school in a nonresident LEA participating in the open enrollment program. Before November 1st of each year, each charter school or school district, defined as a "local education agency" or "LEA", shall adopt a resolution stating whether the LEA intends to participate in the program by receiving transferring students during the subsequent school year.

LEAs may restrict the number of students who may transfer to a nonresident LEA to 3% of the previous school year's enrollment. After the 2028-29 school year, an LEA's maximum number of students who may transfer to a nonresident LEA shall increase by 1% for every two consecutive school years that the LEA is at the transfer maximum, up to a potential maximum of 5% of the previous school year's enrollment. For purposes of calculating the transfer maximum, a transferring student shall be counted as enrolled in the resident LEA if, in the school year before the year of transfer, the student was enrolled in a school other than a public school, attended an FPE school, as such term is defined in current law, or moved to Missouri from another state and has not yet enrolled in school.

The Department of Elementary and Secondary Education (DESE) shall develop and maintain an online resource that allows a nonresident LEA to ensure that such LEA does not accept a transfer application if doing so would cause the transferring student's resident LEA to exceed the transfer maximum established in the act. The online resource shall additionally provide a searchable public database of the number of transfers offered in each participating LEA, listing allowable transfers for each building, grade level, classroom, and program in an LEA.

LEAs shall not be required to add teachers, staff, or classrooms to accommodate transfer applicants.

DESE or an entity skilled in policy development shall develop a model open enrollment transfer policy as outlined in the act, including specific standards for acceptance and rejection of transfer applications. All LEAs that participate in open enrollment shall adopt a policy that defines the term "insufficient classroom space," taking into account future population growth and establishing standards for acceptance and rejection of transfer applications. The standards for acceptance and rejection of transfer applications may include the capacity of the school, the availability of classroom space, and any class-size limitation. An LEA may use projections to determine class-size limitations. The standards shall include a statement that priority shall be given to any applicant who has a sibling who is already enrolled in the nonresident LEA. The standards shall not include a consideration of an applicant's academic achievement, athletic ability, disabilities, English proficiency level, or previous disciplinary proceedings, except that any suspension or expulsion from another LEA shall be included. LEAs receiving transferring students shall not discriminate on the basis of gender, national origin, race, ethnicity, ancestry, religion, disability, or whether the student is homeless or a migrant.

A nonresident LEA shall accept credits toward graduation that were awarded by another LEA and award a diploma to a transferring student if the student meets the nonresident LEA's graduation requirements.

The governing body of each LEA shall cause certain information about the open enrollment program, such as application deadlines and procedures, to be posted on the LEA's website and in the student handbook.

Students who wish to attend a nonresident LEA that has an academic or competitive entrance process shall furnish proof that they meet the admission requirements of the nonresident LEA.

A nonresident LEA may deny a transfer to a student who, in the most recent school year, has been suspended from school two or more times or who has been suspended or expelled for an act of school violence, as described in the act. A student whose transfer is initially precluded under this provision may, upon the approval of the nonresident LEA, be permitted to transfer as a probationary student, subject to no further disruptive behavior. A student who is denied a transfer due to disciplinary issues has the right to an in-person meeting with the nonresident LEA's superintendent, as provided in the act. LEAs shall develop common standards for determining disruptive behavior that shall include criteria established in current law.

High school students who participate in open enrollment shall be ineligible to participate in interscholastic athletics during the first 365 days of enrollment in a nonresident LEA, with exceptions outlined in the act.

APPLYING FOR TRANSFER
(Section 167.1210)
A student who applies for a transfer under the act may accept only one transfer per school year. A student who accepts such a transfer shall commit to attend and take all courses through the nonresident LEA for at least two school years. The student may meet with the superintendent of the nonresident LEA to be released from such commitment if extenuating circumstances arise or if the student's resident LEA changes. A transferring student shall not enroll as a full-time student in the Missouri Course Access and Virtual School Program.

A student who transfers to a nonresident LEA and then returns to the resident LEA shall complete a full semester in the resident LEA before applying for another transfer. A transferring student with a school attendance rate below 80% for any quarter shall be notified of such rate, and if such student's attendance rate in the subsequent quarter does not reach at least 90%, the student's transfer and eligibility to attend the nonresident LEA may be voided by the LEA.

A student who transfers to a nonresident LEA may complete all remaining school years in the nonresident LEA without reapplying each year. Any sibling of a student enrolled in a nonresident LEA may enroll in the same nonresident LEA if the LEA has the capacity and the sibling has no discipline issues, as provided in the act.

The transferring student or the student's parent is responsible for the transportation of the student to and from the boundaries of the nonresident LEA in which the student is enrolled. Nonresident LEAs shall provide transportation within the boundaries of the LEA, but charter schools that do not currently provide transportation services are exempt from this requirement. Transportation costs shall included in the nonresident LEA's calculation for transportation reimbursement under current law.

For the purposes of determining federal and state aid, a student who transfers to a nonresident school district LEA shall be counted as a resident of the nonresident LEA. For a student transferring to a nonresident charter school LEA, state aid for such student shall be determined by multiplying the weighted average daily attendance of such transferring student by the state adequacy target and multiplying this product by the dollar-value modifier, as the terms "weighted average daily attendance", "state adequacy target", and "dollar-value modifier" are defined in current law, and certain provisions of state law providing for state aid payments to charter schools shall not apply to such calculation. For purposes of payment to special school districts, a transferring student receiving services from a special school district shall be counted as a resident pupil of the nonresident LEA in which the student is enrolled. If a student receives 50% or more of such student's instruction from the special school district, the special school district shall receive all funding which would otherwise be paid to the nonresident LEA for such student.

The provisions of the act shall not be construed to relieve any resident LEA of its responsibility to pay toward the cost of the education of children who receive special educational services or attend the Missouri Schools for the Severely Disabled, as provided in current law.

PARENT PUBLIC SCHOOL CHOICE FUND
(Sections 167.1211 and 167.1212)
The act establishes the "Parent Public School Choice Fund". Appropriations to the fund shall be used to supplement state aid payments to LEAs that participate in the open enrollment program and reimburse nonresident LEAs for the costs of providing special educational services for students with an IEP, as provided in the act. DESE shall annually evaluate the availability and use of moneys from the fund and, if necessary, request additional funds by a specific line item appropriation as part of the legislative budget process.

NUMBER OF TRANSFER STUDENTS
(Section 167.1215)
Before November 1st annually, each LEA shall publish and notify DESE of the number of transfer students the LEA is willing to receive for the following school year, delineated by building, grade, classroom, or program, if such criteria for acceptance have been set by the LEA. An LEA shall not be required to accept any transfer students above this published number. A special school district shall consult with each partner school district and, before November 1st annually, shall notify DESE of the number of likely available spots for special education services at each partner school district, as provided in the act.

The online resource created by DESE shall include a waiting list for applications to nonresident LEAs. The online resource shall notify each applicant that the applicant's transfer application may be subject to placement on such waiting list if the number of transfer applications exceeds the number of available transfers. The act sets forth a priority order for acceptance of applications from the waiting list. A parent of a student on the waiting list shall be informed by DESE of the details of the operation of the list and whether the parent will be required to refile an application for open enrollment in order to remain on the waiting list.

APPLICATION PROCESS
(Section 167.1220)
The parent of a student seeking a transfer shall submit an application to DESE between November 15th and January 1st of the school year before the school year in which the student seeks to begin the fall semester, as provided in the act. No more than five transfer applications per school year shall be submitted for any student.

Upon receiving an application, DESE shall assign a unique identifying number to the application. On or before January 15th, DESE shall conduct a lottery of eligible applications to determine which student transfers DESE will approve for submission to the nonresident LEAs, subject to conditions set forth in the act, and shall also notify each nonresident LEA of applications that DESE has approved for transfer.

The governing body of the nonresident LEA shall request from all schools attended by the student within the last 12 months certain records relating to the transfer, including special education records, discipline records, and records of behavioral risk assessments. An LEA that receives such a request for records shall respond to the request within five business days. Any official to whom such information is disclosed shall comply with the federal Family Educational Rights and Privacy Act.

Nonresident LEAs shall review and make a determination on transfer applications received from DESE within 10 business days, as provided in the act. If a nonresident LEA rejects an application, DESE shall submit the next application on the waiting list to the nonresident LEA for consideration.

Before March 1st of the school year preceding the school year in which a student seeks to enroll in a nonresident LEA, the nonresident LEA's superintendent shall notify DESE as to whether the student's application has been accepted or rejected through the online resource created by DESE. Within three business days of sending notifications to the resident and nonresident LEAs, DESE shall notify the parent as to whether the student's application has been accepted or rejected, as provided in the act.

If an application is rejected, DESE's notification shall state the nonresident LEA's reason for the rejection. If an application is accepted, DESE shall state in its notification a reasonable deadline before which the student shall enroll, along with instructions for renewing enrollment each year. DESE shall also notify the resident LEA of the student's participation.

DESE shall further notify the student and the student's parent of the opportunity to participate in an anonymous survey provided by DESE regarding all reasons for the student's and parent's interest in participating in the open enrollment program. DESE shall publish an annual report based on the survey results, providing aggregate data of sufficient detail to allow analysis of trends regarding the reasons for participation in the open enrollment program at the statewide, regional, and local levels. The annual report shall also include detection and analysis of the impact of the program on racial, ethnic, and socioeconomic balance among schools and LEAs. No such survey results shall be published in a manner that would allow for the identification of data attributable to a specific LEA or that reveals information regarding a group of five or fewer students. DESE shall privately share data specific to each LEA with each LEA prior to publishing the annual report.

If a student declines enrolling in the nonresident LEA, provided the nonresident LEA still has capacity to accept additional students, DESE shall send the LEA the next application on the waiting list for consideration.

No additional open enrollment transfer applications shall be sent by DESE or approved by a nonresident LEA after April 15th of the school year immediately preceding the school year of enrollment.

SPECIAL EDUCATIONAL NEEDS AND GIFTED CHILDREN
(Section 167.1224)
Before enrolling in a nonresident LEA, a student with certain special educational needs, English as a second language (ESL) needs, or who is identified as a gifted child shall be provided the same process that exists for a resident student moving into the nonresident LEA. The nonresident LEA, parent, or both shall have the opportunity to reevaluate the student to determine what comparable special educational services may be required or what programs or services for which the student may be eligible.

A nonresident LEA is responsible for providing a free appropriate education to the student and shall provide the same or substantially similar services as a resident student would receive. Before enrolling in the nonresident LEA, if necessary, a transferring student and parent shall be provided the opportunity to develop a new or amended IEP, individualized family service plan, or 504 plan, or to evaluate the ESL, gifted, or dyslexia programs and services provided by the nonresident LEA. The nonresident LEA shall provide the student and parent with prior written notice documenting the services that the nonresident LEA determines appropriate to meet the student's needs. The nonresident LEA shall offer the transferring student 10 business days to accept or decline the acceptance of the nonresident LEA.

LEAs that are served by a special school district shall execute a form agreement prepared by DESE with such special school district regarding finance, staffing, and other relevant items prior to participating in open enrollment. An LEA and a special school district may choose to modify such form agreement, but no modifications shall delay the LEA's participating in open enrollment.

A nonresident LEA shall make reasonable accommodations to address the needs of incoming transferring students and to provide such students with equal access to a free appropriate public education.

These provisions shall not be construed to preclude a nonresident LEA from adding additional staff, services, or programs, or to preclude the nonresident LEA from performing subsequent evaluations to ensure proper placement of a transferring student.

AUTHORIZED EXEMPTIONS
(Section 167.1225)
A student may participate in open enrollment if such student's transfer does not cause the resident LEA to conflict with a provision of an enforceable desegregation court order or a court-approved desegregation plan. An LEA may annually declare an exemption from the program if the LEA is subject to such court order or plan, as provided in the act. Any LEA declaring such exemption shall notify DESE of such before November 1st of the preceding school year.

The act sets forth certain exemptions from open enrollment for students who qualify for transfers under current law and for LEAs that receive transfer students under such provisions.

If a student transfers from a resident LEA that is a K-8 school district to another school district for any of grades 6-8, the resident LEA shall pay tuition to the nonresident LEA upon the student's promotion to 9th grade as provided in current law. For any student who transfers to a nonresident LEA that is a K-8 school district, the K-8 school district shall not be considered such student's resident LEA for any purpose after the student completes 8th grade or upon the student's transfer out of the K-8 school district before completing 8th grade.

ANNUAL REPORTING AND AUDITING
(Section 167.1229)
DESE shall collect and report data annually from school LEAs on the number of applications and study the effects of transfers under the act. DESE shall consider, as part of its study, the maximum number of transfers and exemptions for both resident and nonresident LEAs for up to two years to determine if a significant racially segregative impact has occurred in any LEA. The report shall be submitted annually before December 1st to the Joint Committee on Education, the House Committee on Elementary and Secondary Education, and the Senate Committee on Education.

DESE shall annually make a random selection of 10% of the LEAs participating in the open enrollment program and audit each selected LEA's transfers approved or denied under policies adopted by the school board. If DESE determines that a selected LEA is improperly implementing and administering the transfer process, DESE may withhold any state aid provided to the LEA until the LEA corrects the transfer process improprieties identified by the audit.

This act is substantially similar to provisions in SS/SCS/HCS/HB 711 (2025) and HCS#2/SS/SB 266 (2025), and is similar to HB 2604 (2026), SB 1051 (2024), HCS/HB 1989 (2024), SCS/SB 5 (2023), SB 1010 (2022), HB 1814 (2022), and HS/HCS/HB 543 (2021).
OLIVIA SHANNON

Introduced

Print

SB 971 - Current law authorizes students who reside in an unaccredited school district to transfer to an accredited school district in the same or an adjoining county under certain conditions. This act repeals and modifies provisions limiting these transfers to students in unaccredited school districts. Under the act, any student may transfer to another public school, including transfers from a student's district of residence, or "sending district", to a public school in a nonresident district, or "receiving district", beginning in the 2027-28 school year and in all subsequent school years.

The school board of each school district shall determine the district's capacity to accept student transfers in each grade level and in each school in the district. Each school board shall provide this information to the Department of Elementary and Secondary Education (DESE) beginning on July 15, 2027, and by the first day of each month thereafter. DESE shall publish and update the capacity of each district's grade levels and schools on its website. (Section 167.895)

Parents of students who wish to transfer shall notify DESE by August 1, 2027, and by the first day of each month thereafter, and DESE shall assign students to a receiving district or charter school as provided in the act. A receiving district shall accept all students who apply and are assigned to the district, so long as there is capacity for each student. School board policies shall not discriminate against any transfer student on the basis of his or her residential address, academic performance, athletic ability, disability, race, ethnicity, sex, or free and reduced price lunch status. (Sections 167.895 and 167.898)

The act repeals provisions that require sending districts to make tuition payments to receiving districts. Instead, for purposes of calculating state and federal aid, each transfer student shall be counted as a resident of the receiving district in which the student is enrolled. Tuition shall not be charged to any student or to his or her parent or legal guardian. (Sections 160.415, 162.081, 167.132, 167.151, and 167.895)

DESE shall designate at least one receiving district or charter school to which each sending district shall provide transportation. A sending district shall be required to provide transportation only to the school district or charter school designated by DESE. (Section 167.241)

If the receiving district is part of a special school district, the sending district shall contract with the special school district for the entirety of the costs to provide special education and related services, excluding transportation. The special school district may contract with a sending district for transportation, or the sending district may provide transportation on its own. (Section 167.895)

The act outlines school districts' responsibilities for the provision of special education and related services to students with disabilities. A special school district shall continue to provide special education and related services, excluding transportation, to students with disabilities who transfer to another school within the special school district. If the sending district is a metropolitan school district, it shall remain responsible for providing special education and related services, including transportation, to students with disabilities who transfer to a receiving district. A special school district in an adjoining county to a metropolitan school district may contract with the metropolitan school district for the reimbursement of special education and related services provided by the special school district for transfer students. A receiving district that is not part of a special school district shall not be responsible for providing transportation to transfer students, regardless of whether transportation is identified as a related service within a student's individualized education program. A sending district may contract with a receiving district that is not part of a special school district for transportation of students with disabilities. A seven-director or urban school district may contract with a receiving district that is not part of a special school district in the same or an adjoining county for the reimbursement of special education and related services provided by the receiving district. (Section 167.895)

This act is identical to SB 906 (2026) and similar to SCS/SBs 215 & 70 (2025).
OLIVIA SHANNON

Current Bill Text

Read the full stored bill text
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 COMMITTEE SUBSTITUTE FOR
SENATE BILLS NOS. 971 & 906
103RD GENERAL ASSEMBLY
4698S.02C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 167.020 and 167.151, RSMo, and to enact in lieu thereof thirteen new sections
relating to admission of nonresident students, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 167.020 and 167.151, RSMo, are 1
repealed and thirteen new sections enacted in lieu thereof, to 2
be known as sections 167.020, 167.151, 167.1200, 167.1205, 3
167.1210, 167.1211, 167.1212, 167.1215, 167.1220, 167.1224, 4
167.1225, 167.1229, and 167.1230, to read as follows:5
167.020. 1. As used in this section and in section 1
167.022, the following terms mean: 2
(1) "Behavioral threat assessment", records associated 3
with an evaluation of a student who has shown or 4
demonstrated: 5
(a) Homicidal or suicidal ideation; 6
(b) Planning an attack on a school, other students, 7
faculty, staff, or administration; or 8
(c) Behavior that puts students, faculty, staff, or 9
administration at risk for harm; 10
(2) "Homeless child" or "homeless youth", a person 11
less than twenty-one years of age who lacks a fixed, regular 12
and adequate nighttime residence, including a child or youth 13
who: 14
SCS SBs 971 & 906 2
(a) Is sharing the housing of other persons due to 15
loss of housing, economic hardship, or a similar reason; is 16
living in motels, hotels, or camping grounds due to lack of 17
alternative adequate accommodations; is living in emergency 18
or transitional shelters; is abandoned in hospitals; or is 19
awaiting foster care placement; 20
(b) Has a primary nighttime residence that is a public 21
or private place not designed for or ordinarily used as a 22
regular sleeping accommodation for human beings; 23
(c) Is living in cars, parks, public spaces, abandoned 24
buildings, substandard housing, bus or train stations, or 25
similar settings; and 26
(d) Is a migratory child or youth who qualifies as 27
homeless because the child or youth is living in 28
circumstances described in paragraphs (a) to (c) of this 29
subdivision; 30
(3) "Personal safety plan", an agreement based upon 31
the findings of the behavioral threat assessment record 32
between the school and the students' parents or guardians, 33
or between the school and the student if the student is 34
emancipated or an unaccompanied youth as defined in section 35
210.121, that: 36
(a) Stipulates rules for attendance at the school; 37
(b) Provides benchmarks that allow for the student to 38
be released from the personal safety plan over time; and 39
(c) Provides immediate access to a trusted adult for 40
the student with the personal safety plan. 41
2. (1) In order to register a pupil, the pupil or the 42
parent or legal guardian of the pupil [or the pupil himself 43
or herself] shall provide, at the time of registration, one 44
of the following: 45
SCS SBs 971 & 906 3
[(1)] (a) Proof of residency in the district. Except 46
as otherwise provided in section 167.151, the term 47
"residency" shall mean that a person both physically resides 48
within a school district and is domiciled within that 49
district or, in the case of a private school student 50
suspected of having a disability under the Individuals With 51
Disabilities Education Act, 20 U.S.C. Section 1411 et seq., 52
as amended, that the student attends private school within 53
that district. The domicile of a minor child shall be the 54
domicile of a parent, military guardian pursuant to a 55
military-issued guardianship or court-appointed legal 56
guardian. For instances in which the family of a student 57
living in Missouri co-locates to live with other family 58
members or live in a military family support community 59
because one or both of the child's parents are stationed or 60
deployed out of state or deployed within Missouri under 61
active duty orders under Title 10 or Title 32 of the United 62
States Code, the student may attend the school district in 63
which the family member's residence or family support 64
community is located. If the active duty orders expire 65
during the school year, the student may finish the school 66
year in that district; 67
[(2)] (b) Proof that the person registering the 68
student has requested a waiver under subsection 3 of this 69
section within the last forty-five days; or 70
[(3)] (c) Proof that one or both of the child's 71
parents are being relocated to the state of Missouri under 72
military orders. 73
(2) In instances where there is reason to suspect that 74
admission of the pupil will create an immediate danger to 75
the safety of other pupils and employees of the district, 76
the superintendent or the superintendent's designee may 77
SCS SBs 971 & 906 4
convene a hearing within five working days of the request to 78
register and determine whether or not the pupil may register. 79
3. Any person subject to the requirements of 80
subsection 2 of this section may request a waiver from the 81
district board of any of those requirements on the basis of 82
hardship or good cause. Under no circumstances shall 83
athletic ability be a valid basis of hardship or good cause 84
for the issuance of a waiver of the requirements of 85
subsection 2 of this section. The district board or 86
committee of the board appointed by the president and which 87
shall have full authority to act in lieu of the board shall 88
convene a hearing as soon as possible, but no later than 89
forty-five days after receipt of the waiver request made 90
under this subsection or the waiver request shall be 91
granted. The district board or committee of the board may 92
grant the request for a waiver of any requirement of 93
subsection 2 of this section. The district board or 94
committee of the board may also reject the request for a 95
waiver in which case the pupil shall not be allowed to 96
register. Any person aggrieved by a decision of a district 97
board or committee of the board on a request for a waiver 98
under this subsection may appeal such decision to the 99
circuit court in the county where the school district is 100
located. 101
4. Any person who knowingly submits false information 102
to satisfy any requirement of subsection 2 of this section 103
is guilty of a class A misdemeanor. 104
5. In addition to any other penalties authorized by 105
law, a district board may file a civil action to recover, 106
from the parent, military guardian or legal guardian of the 107
pupil, the costs of school attendance for any pupil who was 108
enrolled at a school in the district and whose parent, 109
SCS SBs 971 & 906 5
military guardian or legal guardian filed false information 110
to satisfy any requirement of subsection 2 of this section. 111
6. Subsection 2 of this section shall not apply to a 112
pupil who is a homeless child or youth, or a pupil attending 113
a school not in the pupil's district of residence as a 114
participant in an interdistrict transfer program established 115
under a court-ordered desegregation program, a pupil who is 116
a ward of the state and has been placed in a residential 117
care facility by state officials, a pupil who has been 118
placed in a residential care facility due to a mental 119
illness or developmental disability, a pupil attending a 120
school pursuant to sections 167.121 and 167.151 or sections 121
167.1200 to 167.1230, a pupil placed in a residential 122
facility by a juvenile court, a pupil with a disability 123
identified under state eligibility criteria if the student 124
is in the district for reasons other than accessing the 125
district's educational program, or a pupil attending a 126
regional or cooperative alternative education program or an 127
alternative education program on a contractual basis. 128
7. Within two business days of enrolling a pupil, the 129
school official enrolling a pupil, including any special 130
education pupil, shall request those records required by 131
district policy for student transfer, discipline records 132
required by subsection 9 of section 160.261 from all schools 133
previously attended by the pupil within the last twelve 134
months, and records of any behavioral threat assessments and 135
personal safety plans of the pupil created by the local 136
education agency if the student is currently subject to an 137
active personal safety plan or has been subject to a 138
personal safety plan in the previous twelve months. Any 139
school district that receives a request for such records 140
from another school district enrolling a pupil that had 141
SCS SBs 971 & 906 6
previously attended a school in such district shall respond 142
to such request within five business days of receiving the 143
request. School districts may report or disclose education 144
records to law enforcement and juvenile justice authorities 145
if the disclosure concerns law enforcement's or juvenile 146
justice authorities' ability to effectively serve, prior to 147
adjudication, the student whose records are released. The 148
officials and authorities to whom such information is 149
disclosed must comply with applicable restrictions set forth 150
in 20 U.S.C. Section 1232g(b)(1)(E), as amended. 151
8. If one or both of a child's parents are being 152
relocated to the state of Missouri under military orders, a 153
school district shall allow remote registration of the 154
student and shall not require the student or the parent or 155
legal guardian of the student [or the student himself or 156
herself] to physically appear at a location within the 157
district to register the student. Proof of residency, as 158
described in this section, shall not be required at the time 159
of the remote registration but shall be required within ten 160
days of the student's attendance in the school district. 161
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; and sections 167.1200 to 167.1230. 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
SCS SBs 971 & 906 7
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
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
SCS SBs 971 & 906 8
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
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
SCS SBs 971 & 906 9
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
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
SCS SBs 971 & 906 10
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
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
SCS SBs 971 & 906 11
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
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
SCS SBs 971 & 906 12
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
167.1200. 1. Sections 167.1200 to 167.1230 shall be 1
known and may be cited as the "Public School Open Enrollment 2
Act". 3
2. As used in sections 167.1200 to 167.1230, the 4
following terms mean: 5
(1) "Department", the department of elementary and 6
secondary education; 7
(2) "Local education agency" or "LEA", any school 8
district and any charter school that has declared itself a 9
local education agency; 10
(3) "Nonresident local education agency" or 11
"nonresident LEA", a local education agency other than a 12
transferring student's resident LEA; 13
(4) "Parent", a transferring student's parent, 14
guardian, or other person having custody or care of the 15
student; 16
(5) "Resident local education agency" or "resident 17
LEA", the local education agency in which the transferring 18
student resides, or in the case of a transferring student 19
who is subject to joint legal custody or joint physical 20
custody awarded by a court, the residence designated as the 21
address of the student for educational purposes, or in the 22
case of a student who attends a charter school, such charter 23
school; 24
(6) "Sibling", each of two or more children having a 25
parent in common by blood, adoption, marriage, or foster 26
care; 27
(7) "Socioeconomic status", the income level of a 28
student or the student's family, which shall be measured by 29
SCS SBs 971 & 906 13
whether a student or the student's family meets the 30
financial eligibility criteria for free and reduced price 31
meals offered under federal guidelines; 32
(8) "Transferring student", a child who transfers to a 33
nonresident LEA through a public school open enrollment 34
program under sections 167.1200 to 167.1230 and who: 35
(a) Is beginning kindergarten in the child's resident 36
LEA; 37
(b) Is a student enrolled in a school or a local 38
education agency in kindergarten to grade twelve who 39
immediately prior to transferring has been enrolled in a 40
local education agency in the student's resident LEA; 41
(c) Was enrolled in a school other than a school in a 42
local education agency; 43
(d) Was attending an FPE school, as such term is 44
defined in section 167.013; or 45
(e) Has moved to this state from another state and has 46
not yet enrolled in a school; 47
(9) "Transfer year", the school year in which a 48
transferring student attends school in a nonresident LEA. 49
167.1205. 1. A public school open enrollment program 1
is established to enable a child beginning kindergarten or a 2
student in kindergarten to grade twelve to attend a school 3
in a nonresident LEA subject to the limitations under 4
section 167.1225. Such program is designed to improve 5
quality instructional and educational programs by providing 6
opportunities including, but not limited to, the following: 7
(1) Increasing parental involvement for students whose 8
parents work in other LEAs; 9
(2) Providing access to instructional programs and 10
classes that are not available in the resident LEA; and 11
SCS SBs 971 & 906 14
(3) Offering parents the opportunity to select 12
curriculum options that align with the parents' personal 13
beliefs. 14
2. (1) LEAs shall not be required to participate in 15
the public school open enrollment program by receiving 16
transferring students. 17
(2) (a) Each LEA shall, before November first of each 18
year, adopt a resolution by a majority vote of the governing 19
body of the LEA that states whether the LEA will or will not 20
participate in the public school open enrollment program 21
created in sections 167.1200 to 167.1230 by receiving 22
transferring students in the school year beginning on July 23
first of the following year. 24
(b) If an LEA participates in the public school open 25
enrollment program, the LEA shall receive transferring 26
students for the full school year in which the LEA 27
participates. 28
(3) (a) An LEA may restrict the number of students 29
who may transfer to a nonresident LEA under sections 30
167.1200 to 167.1230 in each school year to the maximum of 31
three percent of the previous school year's enrollment for 32
the LEA; except that, after the 2028-29 school year, the 33
maximum number of students who may transfer to a nonresident 34
LEA shall increase by one percent for every two consecutive 35
school years the LEA is at its maximum number of students 36
who may transfer out of the LEA pursuant to this paragraph. 37
The maximum percentage of students who may transfer from a 38
resident LEA to a nonresident LEA shall be capped at five 39
percent of the previous school year's enrollment for the 40
resident LEA. 41
(b) A student seeking to transfer to a nonresident LEA 42
shall be eligible to transfer under sections 167.1200 to 43
SCS SBs 971 & 906 15
167.1230 and shall count as part of the enrollment for such 44
student's resident LEA for the purposes of the transfer 45
maximum described in paragraph (a) of this subdivision if, 46
in the school year before the school year in which the 47
student seeks to transfer, such student: 48
a. Was enrolled in a school other than an LEA; 49
b. Was attending an FPE school, as such term is 50
defined in section 167.013; or 51
c. Has moved to this state from another state and has 52
not yet enrolled in a school. 53
(4) (a) The department shall develop and maintain an 54
online resource to facilitate applications for a public 55
school open enrollment transfer as described in sections 56
167.1200 to 167.1230. Such resource shall enable a 57
nonresident LEA to ensure that the LEA does not accept a 58
transfer application if the acceptance of such transfer 59
application would cause the transferring student's resident 60
LEA to exceed the transfer maximum for the preceding school 61
year. 62
(b) The online resource shall provide a searchable 63
public database of the number of transfers offered in each 64
participating LEA. The database shall list allowable 65
transfer numbers published under section 167.1215 for each 66
LEA for each school building, grade level, classroom, and 67
program. 68
3. Sections 167.1200 to 167.1230 shall not be 69
construed to require an LEA to add teachers, staff, or 70
classrooms or to in any way exceed the requirements and 71
standards established by the nonresident LEA. 72
4. (1) The department or another entity skilled in 73
policy development shall develop a model policy for 74
determining the number of transfers available under section 75
SCS SBs 971 & 906 16
167.1215 and establishing specific standards for acceptance 76
and rejection of transfer applications. 77
(2) Upon adoption of a resolution to participate in 78
the open enrollment program, the governing body of each LEA 79
shall, by resolution, adopt a policy that defines the term 80
"insufficient classroom space" for that LEA and which may 81
account for future population growth of the community in 82
which the LEA is located. The policy shall also establish 83
the specific standards for acceptance and rejection of 84
transfer applications. 85
(3) The specific standards for acceptance and 86
rejection of transfer applications shall account for future 87
population growth of the community in which the LEA is 88
located and may include, but shall not be limited to: 89
(a) The capacity of a school building, grade level, 90
class, or program; 91
(b) The availability of classroom space in each school 92
building; 93
(c) Any class-size limitation. An LEA may use 94
projections when determining class-size limitations; 95
(d) The ratio of students to classroom teachers; 96
(e) The LEA's projected enrollment; and 97
(f) Any characteristics of specific programs affected 98
by additional or fewer students attending because of 99
transfers under the public school open enrollment program, 100
provided that special education programs shall not be 101
considered under this paragraph. 102
(4) The specific standards for acceptance and 103
rejection of transfer applications shall include a statement 104
that priority shall be given to an applicant who has a 105
sibling who: 106
(a) Is already enrolled in the nonresident LEA; or 107
SCS SBs 971 & 906 17
(b) Has made an application for enrollment in the same 108
nonresident LEA. 109
(5) The specific standards for acceptance and 110
rejection of transfer applications shall not include an 111
applicant's: 112
(a) Academic achievement; 113
(b) Athletic or other extracurricular ability; 114
(c) Disabilities; 115
(d) English proficiency level; or 116
(e) Previous disciplinary proceedings, except that any 117
suspension or expulsion from another LEA shall be included. 118
(6) An LEA receiving transferring students shall not 119
discriminate on the basis of gender, national origin, race, 120
ethnicity, ancestry, religion, disability, or whether the 121
student is homeless or a migrant. 122
5. A nonresident LEA shall: 123
(1) Accept credits toward graduation that were awarded 124
by another LEA to a transferring student; and 125
(2) Award a diploma to a transferring student if the 126
student meets the nonresident LEA's graduation requirements. 127
6. The governing body of each LEA shall cause the 128
information about the public school open enrollment program 129
to be posted on the LEA website and in the student handbook 130
to inform parents of students of the: 131
(1) Availability of the program established under 132
sections 167.1200 to 167.1230; 133
(2) Application deadline; and 134
(3) Requirements and procedures for resident and 135
nonresident students to participate in the program. 136
7. If a student wishes to attend a school within a 137
nonresident LEA that is a magnet school, an academically 138
selective school, or a school with a competitive entrance 139
SCS SBs 971 & 906 18
process that has admissions requirements, the student shall 140
furnish proof that the student meets the admissions 141
requirements in the application described under section 142
167.1220. 143
8. A nonresident LEA may deny a transfer to a student 144
who, in the most recent school year, has been suspended from 145
school two or more times or who has been suspended for an 146
act of school violence or expelled under subsection 2 of 147
section 160.261. A student whose transfer is initially 148
precluded under this subsection may be permitted to transfer 149
on a provisional basis as a probationary transfer student, 150
subject to no further disruptive behavior, upon approval of 151
the nonresident LEA's governing body. 152
9. A student who is denied a transfer under subsection 153
8 of this section has the right to an in-person meeting with 154
the nonresident LEA's governing body. The nonresident LEA 155
shall develop common standards for determining disruptive 156
behavior that shall include, but not be limited to, criteria 157
under section 160.261. 158
10. (1) As used in this subsection, "school days of 159
enrollment" does not include enrollment in summer school, 160
and "varsity" means the highest level of competition offered 161
by one school or LEA against the highest level of 162
competition offered by an opposing school or LEA. 163
(2) (a) Except as provided in this paragraph, a 164
student who participates in open enrollment for purposes of 165
attending a grade in grades nine to twelve in an LEA other 166
than the resident LEA is ineligible to participate in 167
interscholastic athletics for three hundred sixty-five days 168
unless the student's case meets the standards under the 169
following exceptions: 170
SCS SBs 971 & 906 19
a. If the transfer does not involve undue influence 171
and is not for athletic reasons, a student may be eligible 172
immediately at the school of the student's choice upon first 173
entering when: 174
(i) The student is promoted from grade six to grade 175
seven; 176
(ii) The student is promoted from grade eight to grade 177
nine and the student is eligible in all other respects; or 178
(iii) The student completes the highest grade in an 179
elementary school that is not a part of a system supporting 180
a high school and the student is eligible in all other 181
respects; or 182
b. If a student transfers schools under circumstances 183
that do not meet the athletic eligibility requirements under 184
sections 167.1200 to 167.1230, such student may be granted 185
eligibility to participate in interscholastic athletics as 186
hereinafter restricted if the student qualifies under the 187
following terms and conditions: 188
(i) A student whose name has been included on a school 189
eligibility roster at any level for a given sport during the 190
twelve calendar months preceding the date of such transfer 191
shall be eligible only for subvarsity competition in such 192
sport for three hundred sixty-five days after the date of 193
transfer. A student may have unrestricted eligibility in 194
all other sports in which such student's name has not 195
appeared on a school eligibility roster; 196
(ii) A student who has attended an LEA that does not 197
sponsor interscholastic athletics but who has participated 198
in organized nonschool competition during the twelve 199
calendar months preceding the date of such transfer shall be 200
eligible only for subvarsity competition in such sport for 201
three hundred sixty-five days after the date of transfer. A 202
SCS SBs 971 & 906 20
student may have unrestricted eligibility in all other 203
sports in which such student did not participate; or 204
(iii) Eligibility may be granted as described in item 205
(i) of this subparagraph if the athletic eligibility is 206
approved by the principals of both the resident and 207
nonresident LEAs and if there is no athletic purpose 208
involved in the transfer. The student shall be ineligible 209
for all sports for three hundred sixty-five days after the 210
date of transfer if either or both principals decline to 211
approve athletic eligibility. 212
(b) Nothing in this section or section 167.1210 shall 213
prevent a statewide athletic association that provides 214
oversight for athletic or activity eligibility for students 215
from imposing a stricter penalty upon any transferring 216
student who is determined to have been unduly influenced to 217
participate in or not to participate in the public school 218
open enrollment program outlined in sections 167.1200 to 219
167.1230. 220
167.1210. 1. A student who applies to enroll in 1
multiple nonresident LEAs and accepts a public school open 2
enrollment program transfer to a nonresident LEA shall 3
accept only one such transfer per school year. 4
2. (1) A student who accepts a public school open 5
enrollment program transfer to a nonresident LEA shall 6
commit to attend and take all courses through the 7
nonresident LEA for at least two school years. The student 8
may meet with the governing body of the nonresident LEA to 9
be released from such commitment if extenuating 10
circumstances arise or if the student's resident LEA 11
changes. A transferring student shall not enroll in the 12
Missouri course access and virtual school program as a full- 13
SCS SBs 971 & 906 21
time equivalent student, as such term is defined in 14
subsection 2 of section 161.670. 15
(2) If a transferring student returns to the student's 16
resident LEA, the student's transfer shall be void and the 17
student shall reapply if the student seeks a future public 18
school open enrollment program transfer. No transferring 19
student who returns to the student's resident LEA shall 20
reapply for a future transfer under this subdivision until 21
after the student has been enrolled in and completed a full 22
school semester in a school in the student's resident LEA. 23
(3) A transferring student with a school attendance 24
percentage rate below eighty percent for any one quarter 25
shall be notified of such rate and if such student's 26
attendance rate in the subsequent quarter does not reach at 27
least ninety percent, the student's transfer and eligibility 28
to attend the nonresident LEA may be voided by the LEA. 29
3. (1) Except as otherwise provided in this 30
subsection, a transferring student attending school in a 31
nonresident LEA may complete all remaining school years in 32
the nonresident LEA without reapplying each school year. 33
(2) A sibling of a transferring student who continues 34
enrollment in a nonresident LEA may enroll in or continue 35
enrollment in that nonresident LEA if the LEA has the 36
capacity to accept the sibling without adding teachers, 37
staff, or classrooms or exceeding the regulations and 38
standards established by law or the policy of the 39
nonresident LEA and the sibling has no discipline issues as 40
described in section 167.1205. 41
4. (1) The transferring student or the student's 42
parent is responsible for the transportation of the student 43
to and from the boundaries of the nonresident LEA where the 44
student is enrolled. The nonresident LEA shall be 45
SCS SBs 971 & 906 22
responsible for the transportation of nonresident students 46
participating in the open enrollment program within the 47
boundaries of the nonresident LEA in which the school is 48
located. 49
(2) A nonresident LEA shall either establish a bus 50
stop location or utilize an existing bus stop location to 51
provide transportation services to students participating in 52
the open enrollment program. Costs incurred for 53
transportation services within the boundaries of a 54
nonresident LEA for students participating in the open 55
enrollment program shall be included in the nonresident 56
LEA's calculation for reimbursement for state aid as 57
provided in section 163.161, provided that nothing in this 58
subsection shall be considered when calculating the 59
efficiency of a nonresident LEA pursuant to the provisions 60
of section 163.161. 61
(3) Notwithstanding any provision of law to the 62
contrary, a nonresident charter school LEA shall be required 63
to provide transportation services pursuant to this 64
subsection only if such charter school LEA provides 65
transportation services to resident students. Nothing in 66
this subsection shall be construed to require charter school 67
LEAs to begin offering transportation services if such 68
services are not currently provided. 69
5. Notwithstanding the provisions of chapter 160, 70
chapter 163, or federal calculations of military impact aid 71
to the contrary, for the purposes of determining state and 72
federal aid, a transferring student shall be counted as a 73
resident pupil of the nonresident school district LEA in 74
which the student is enrolled, and for a student 75
transferring to a nonresident charter school LEA, the 76
charter school shall receive a state aid payment in an 77
SCS SBs 971 & 906 23
amount determined by multiplying the charter school's 78
weighted average daily attendance of such transferring 79
student by the state adequacy target and multiplying this 80
product by the dollar-value modifier for the district in 81
which the charter school is located, and the provisions of 82
section 160.415 shall not apply to any state aid calculation 83
for a transferring pupil who enrolls in a nonresident 84
charter school LEA. For purposes of this subsection, the 85
terms "dollar-value modifier", "state adequacy target", and 86
"weighted average daily attendance" shall have the same 87
meaning as such terms are defined in section 163.011. 88
6. Notwithstanding any provision of law to the 89
contrary, for the purposes of payment to a special school 90
district established pursuant to the provisions of sections 91
162.670 to 162.996, a transferring student receiving 92
services from a special school district shall be counted as 93
a resident pupil of the nonresident LEA in which the student 94
is enrolled. If such student receives fifty percent or more 95
of such student's instruction from the special school 96
district, the special school district shall, in lieu of the 97
nonresident LEA, receive all funding which would otherwise 98
be paid to the nonresident LEA pursuant to the provisions of 99
sections 167.1200 to 167.1230 for such student. 100
7. Nothing in sections 167.1200 to 167.1230 shall be 101
construed to relieve any resident LEA of its responsibility 102
to pay any costs required under sections 162.705 or 162.740. 103
167.1211. If a nonresident student receives special 1
educational services and participates in the public school 2
open enrollment program, the nonresident LEA shall receive 3
reimbursement from the parent public school choice fund 4
established in section 167.1212 for the costs of the special 5
educational services for the student with an individualized 6
SCS SBs 971 & 906 24
education program above the state and federal funds received 7
for educating the student. Such reimbursement shall not 8
exceed three times the current expenditure per average daily 9
attendance as calculated on the LEA annual secretary of the 10
board report for the year in which expenditures are claimed. 11
167.1212. 1. There is hereby created in the state 1
treasury the "Parent Public School Choice Fund", which shall 2
consist of appropriations made by the general assembly to 3
provide moneys for the public school open enrollment 4
program. The state treasurer shall be custodian of the 5
fund. In accordance with sections 30.170 and 30.180, the 6
state treasurer may approve disbursements. The fund shall 7
be a dedicated fund and, upon appropriation, moneys in the 8
fund shall be used solely as provided in sections 167.1200 9
to 167.1230. 10
2. Notwithstanding the provisions of section 33.080 to 11
the contrary, any moneys remaining in the fund at the end of 12
the biennium shall not revert to the credit of the general 13
revenue fund. 14
3. The state treasurer shall invest moneys in the fund 15
in the same manner as other funds are invested. Any 16
interest and moneys earned on such investments shall be 17
credited to the fund. 18
4. Moneys appropriated to and deposited in the fund 19
shall be used to supplement, not supplant, state aid 20
distributed to LEAs under chapter 160 or chapter 163 and 21
shall be used solely to compensate LEAs that participate in 22
the public school open enrollment program established in 23
sections 167.1200 to 167.1230. 24
5. The department shall annually evaluate the 25
availability and use of moneys from the fund. If the 26
department determines that additional moneys are needed to 27
SCS SBs 971 & 906 25
fulfill the purposes of this section, the department shall, 28
as part of the legislative budget process, annually request 29
such moneys by a specific line item appropriation. 30
167.1215. 1. Before November first annually, each LEA 1
shall set the number of transfer students the LEA is willing 2
to receive for the following school year under sections 3
167.1200 to 167.1230. The LEA may create criteria for the 4
acceptance of students including, but not limited to, the 5
number of students by building, grade, classroom, or program. 6
2. (1) Each LEA shall publish the number set under 7
this section, notify the department of such number, and 8
shall not accept any transfer students under this section 9
who would cause the LEA to exceed the published number. 10
(2) The LEA shall delineate such published number by 11
building, grade, classroom, or program if such criteria for 12
acceptance have been set by the LEA. 13
3. Before November first annually, a special school 14
district established pursuant to the provisions of sections 15
162.670 to 162.996 shall consult with each partner school 16
district regarding resources and capabilities for providing 17
special education services for transferring students in each 18
partner school district. In addition to the partner school 19
district's reporting obligations, the special school 20
district shall notify the department of the number of likely 21
available spots for special education services at each 22
partner school district. Such notification shall include 23
the number of likely available spots at school buildings 24
operated by the special school district. Such numbers shall 25
be reported and published by building, grade, classroom, or 26
program. Notwithstanding the foregoing, all participating 27
LEAs shall comply with all state and federal laws, 28
SCS SBs 971 & 906 26
regulations, and other requirements regarding the provision 29
of special education services. 30
4. (1) The online resource created and maintained by 31
the department as described in section 167.1205 shall 32
include a waiting list for applications to nonresident LEAs 33
if a transfer cannot be accepted because the number of 34
transfers applied for exceeds the number of transfers 35
available. The online resource shall notify each applicant 36
that the applicant's transfer application may be subject to 37
placement on such waiting list if such transfer application 38
is included in a number of transfer applications that 39
exceeds the number of transfers available. 40
(2) Applications on the waiting list may be given 41
priority for acceptance in the following order and may 42
include other options for priority acceptance: 43
(a) Siblings of students already enrolled in the LEA; 44
(b) Children of an active duty member of the Armed 45
Forces of the United States; 46
(c) Children of LEA employees; 47
(d) Students who had previously attended school in the 48
LEA but whose parents have moved out of the LEA; and 49
(e) Students whose parents present an employment 50
circumstance for which an open enrollment transfer would be 51
in the student's best interest. 52
(3) A parent of a student on the waiting list shall be 53
informed by the department of the details of the operation 54
of the list and whether the parent will be required to 55
refile a timely application for open enrollment in order to 56
remain on the waiting list. 57
167.1220. 1. (1) If a student seeks to attend a 1
school in a nonresident LEA under sections 167.1200 to 2
167.1230, the student's parent shall submit an application: 3
SCS SBs 971 & 906 27
(a) To the department, using the online resource 4
described in section 167.1205, beginning on November 5
fifteenth in the school year before the school year in which 6
the student seeks to begin the fall semester at the 7
nonresident LEA; 8
(b) On a form approved by the department that contains 9
the student's necessary information for enrollment in 10
another LEA; and 11
(c) Before January first of the school year before the 12
school year in which the student seeks to begin the fall 13
semester at the nonresident LEA. 14
(2) No more than five transfer applications per school 15
year shall be submitted for any student. 16
2. Upon receiving an application under subsection 1 of 17
this section, the department shall assign a unique 18
identifying number to the application. 19
3. On or before January fifteenth, the department 20
shall: 21
(1) Conduct a lottery of eligible applications to 22
determine which student transfers will be approved, subject 23
to the conditions for approval under sections 167.1200 to 24
167.1230; and 25
(2) Notify the nonresident LEA of such applications 26
that the department has approved for transfer. 27
4. (1) The governing body of the nonresident LEA 28
shall request from all schools previously attended by the 29
student within the last twelve months including the 30
student's resident LEA, if applicable: 31
(a) Those records required by LEA policy for student 32
transfer, including any applicable special education records; 33
(b) Those discipline records required by subsection 9 34
of section 160.261; and 35
SCS SBs 971 & 906 28
(c) Records of any behavioral risk assessment 36
completed on the student. 37
(2) An LEA that receives a request for such records 38
from another LEA enrolling a student that had previously 39
attended a school in such LEA shall respond to such request 40
within five business days of receiving the request. 41
(3) The officials and authorities to whom such 42
information is disclosed shall comply with applicable 43
restrictions set forth in 20 U.S.C. Section 1232g(b)(1)(E), 44
as amended. 45
5. (1) The governing body of the nonresident LEA 46
shall within ten business days: 47
(a) Review each application as received from the 48
department; 49
(b) Determine whether such LEA shall accept or reject 50
such application based on the standards in the LEA's policy 51
for open enrollment under sections 167.1200 to 167.1230 52
adopted by the governing body and a review of records 53
provided under subsection 4 of this section; and 54
(c) Inform the department of such determination. 55
(2) Provided the nonresident LEA has additional seats 56
available for transfer students pursuant to such LEA's 57
policy adopted in accordance with the provisions of section 58
167.1205, if the nonresident LEA rejects an application, the 59
department shall send the next application on the waiting 60
list to the nonresident LEA for consideration. 61
6. (1) (a) Before March first of the school year 62
before the school year in which the student seeks to enroll 63
in a nonresident LEA under sections 167.1200 to 167.1230, 64
the nonresident LEA's governing body shall notify the 65
department as to whether the student's application has been 66
SCS SBs 971 & 906 29
accepted or rejected through the online resource created 67
under section 167.1205. 68
(b) Within three business days after sending 69
notifications to the resident LEA and the nonresident LEA, 70
the department shall notify the parent whether the student's 71
application has been accepted or rejected by the nonresident 72
LEA. The notification shall be sent electronically and by 73
first-class mail to the address on the application. 74
(2) If the application is rejected, the department's 75
notification shall state the receiving nonresident LEA's 76
reason for the rejection. 77
(3) If the application is accepted, the department 78
shall state in the notification: 79
(a) A reasonable deadline before which the student 80
shall enroll in the nonresident LEA and after which the 81
acceptance notification is void; and 82
(b) Instructions for the procedures established for 83
enrollment of students with special needs as provided in 84
section 167.1224 in the nonresident LEA. 85
(4) If the application is accepted, the department 86
shall notify: 87
(a) The resident LEA of the student's participation; 88
and 89
(b) The student and the student's parent of the 90
opportunity to participate in an anonymous survey provided 91
by the department regarding all reasons for the student's 92
and parent's interest in participating in the public school 93
open enrollment program. 94
7. The department shall publish an annual report based 95
on the anonymous survey conducted under subdivision (4) of 96
subsection 6 of this section that provides aggregate data of 97
sufficient detail to allow analysis of trends regarding the 98
SCS SBs 971 & 906 30
reasons for participation in the public school open 99
enrollment program at the statewide, regional, and local 100
levels. In such annual report, the department shall also 101
include aggregate data of sufficient detail to allow 102
detection and analysis of the impact of the public school 103
open enrollment program on racial, ethnic, and socioeconomic 104
balance among schools and LEAs at the statewide, regional, 105
and local levels. No such survey results published under 106
this subsection shall be published in a manner that would 107
allow for the identification of data attributable to a 108
specific LEA or that reveals information regarding a group 109
of five or fewer students. The department shall privately 110
share data specific to each LEA with each LEA prior to 111
publishing the annual report. 112
8. (1) If a student declines enrolling in the 113
nonresident LEA, the department shall send the LEA the next 114
application on the LEA's waiting list for consideration. 115
(2) Upon receiving such next application, the 116
nonresident LEA shall follow the procedures in subsection 5 117
of this section. 118
9. No additional open enrollment transfer applications 119
shall be sent by the department or approved by a nonresident 120
LEA after April fifteenth of the school year immediately 121
preceding the school year of enrollment. 122
167.1224. 1. Before enrollment in a nonresident LEA, 1
a student with any of the following who is notified by the 2
department that such student is accepted for a transfer to a 3
nonresident LEA shall be provided the same process that 4
exists for a resident student moving into the nonresident 5
LEA: 6
(1) An individualized education program, or IEP, as 7
such term is defined in 20 U.S.C. Section 1401, as amended; 8
SCS SBs 971 & 906 31
(2) An individualized family service plan, or IFSP, as 9
such term is defined in 20 U.S.C. Section 1401, as amended; 10
(3) A 504 plan created under Section 504 of the 11
federal Rehabilitation Act of 1973, 29 U.S.C. Section 794, 12
as amended; 13
(4) A placement in an English as a second language 14
(ESL) program; 15
(5) An identification as a gifted child eligible for a 16
program or service under section 162.720; or 17
(6) A diagnosis of dyslexia, as such term is defined 18
in section 633.420. 19
2. The nonresident LEA, parent, or both shall have the 20
opportunity to reevaluate such student to determine what 21
comparable services may be required under section 162.700 or 22
the special education programs or services for which such 23
student may be eligible. 24
3. The nonresident LEA is responsible for providing a 25
free appropriate public education to the student. 26
4. The nonresident LEA shall provide the same or 27
substantially similar services as a resident student would 28
receive, as applicable. 29
5. Before choosing to enroll in the nonresident LEA, 30
if necessary, the student and parent shall be provided the 31
opportunity to develop a new or amended IEP, IFSP, or 504 32
plan or to evaluate the ESL, gifted, or dyslexia programs 33
and services provided by the nonresident LEA. 34
6. The nonresident LEA shall provide the student and 35
parent with prior written notice documenting the services 36
and supports that the nonresident LEA determines appropriate 37
to meet the student's needs. The nonresident LEA shall 38
offer the transferring student ten business days to accept 39
or decline the acceptance of the nonresident LEA. 40
SCS SBs 971 & 906 32
7. Any LEA participating in the public school open 41
enrollment program that is served by a special school 42
district established under sections 162.670 to 162.996 shall 43
execute a form agreement prepared by the department with 44
such special school district regarding finance, staffing, 45
and other relevant items relating to any students requiring 46
special education services prior to participating in open 47
enrollment. An LEA and a special school district may choose 48
to modify such form agreement, but no such modifications 49
shall inhibit or delay the LEA's participating in the public 50
school open enrollment program. 51
8. In compliance with the requirements of federal and 52
state laws, the nonresident LEA shall make reasonable 53
accommodations and modifications to address the needs of 54
incoming transferring students and to provide such 55
transferring students with equal access to a free 56
appropriate public education. 57
9. This section shall not be construed to preclude a 58
nonresident LEA from adding additional staff, services, or 59
programs not already being offered by the nonresident LEA 60
unless the nonresident LEA elects to or from performing 61
subsequent evaluations, when appropriate, to ensure proper 62
placement of a transferring student after enrollment. 63
167.1225. 1. If sections 167.1200 to 167.1230 1
conflict with a provision of an enforceable desegregation 2
court order or an LEA's court-approved desegregation plan 3
regarding the effects of past racial segregation in student 4
assignment, the provisions of the order or plan shall govern. 5
2. (1) An LEA may annually declare an exemption from 6
sections 167.1200 to 167.1230 if the LEA is subject to a 7
desegregation order or mandate of a federal court or agency 8
remedying the effects of past racial segregation or a 9
SCS SBs 971 & 906 33
settlement agreement remedying the effects of past racial 10
segregation. 11
(2) An exemption declared by the governing body of an 12
LEA under subdivision (1) of this subsection is irrevocable 13
for one year from the date the LEA notifies the department 14
of the declaration of exemption. 15
(3) After each year of exemption, the governing body 16
of an LEA may elect to participate in the public school open 17
enrollment program under sections 167.1200 to 167.1230 if 18
the LEA's participation does not conflict with the LEA's 19
federal court-ordered desegregation program or settlement 20
agreement remedying the effects of past racial segregation. 21
(4) An LEA shall notify the department before November 22
first if in the next school year the LEA intends to: 23
(a) Declare an exemption under subdivision (1) of this 24
subsection; or 25
(b) Resume participation after a period of exemption. 26
(5) If a student is unable to transfer because of the 27
limits under this subsection, the resident LEA shall give 28
the student priority for a transfer in the following school 29
year in the order that the resident LEA receives notices of 30
application under section 167.1220, as evidenced by a 31
notation made by the LEA on the applications indicating the 32
date and time of receipt. 33
3. (1) Any student who transfers to a nonresident LEA 34
under section 167.131, sections 162.1040 to 162.1061, or any 35
section other than sections 167.1200 to 167.1230 shall not 36
be subject to any requirements under sections 167.1200 to 37
167.1230. 38
(2) LEAs receiving transfer students or sending 39
transfer students to nonresident LEAs under section 167.131, 40
sections 162.1040 to 162.1061, or any section other than 41
SCS SBs 971 & 906 34
sections 167.1200 to 167.1230 shall not be subject to any 42
requirements under sections 167.1200 to 167.1230 for those 43
transfer students. 44
4. (1) A student transferring to a nonresident LEA 45
under sections 167.1200 to 167.1230 shall not be considered 46
a transfer student under any law relating to another 47
transfer program or procedure that allows students to 48
transfer out of their resident LEAs. 49
(2) This subdivision shall apply only to students who 50
attend a school in an LEA that is not a charter school and 51
does not offer education in a grade higher than grade eight 52
as follows: 53
(a) If such student enrolls in a nonresident LEA that 54
is not a charter school under sections 167.1200 to 167.1230 55
before the end of such student's fifth-grade year, the 56
provisions of 167.1200 to 167.1230 shall apply for such 57
student; and 58
(b) If such student does not enroll in such 59
nonresident LEA that is not a charter school before the end 60
of such student's fifth-grade year, such student may 61
transfer to such nonresident LEA during a year in which such 62
student is in grade six, seven, or eight under sections 63
167.1200 to 167.1230. When such student enters grade nine, 64
such student's resident LEA shall: 65
a. Compute the difference by subtracting the state 66
adequacy target from the nonresident student tuition as 67
calculated under section 167.131; 68
b. Pay the amount of such difference above zero to 69
such nonresident LEA; and 70
c. Follow all other procedures as if such student 71
transferred under section 167.131. 72
SCS SBs 971 & 906 35
(3) If a student transfers under sections 167.1200 to 73
167.1230 to a nonresident LEA that is not a charter school 74
and does not offer education in a grade higher than grade 75
eight, such nonresident LEA shall not be considered such 76
student's resident LEA for any purpose after such student 77
completes grade eight or upon such student's transfer out of 78
such nonresident LEA before such student completes grade 79
eight. 80
167.1229. 1. (1) The department shall collect data 1
from LEAs on the number of applications for student 2
transfers under sections 167.1200 to 167.1230 and study the 3
effects of public school open enrollment program transfers 4
under sections 167.1200 to 167.1230. The department shall 5
consider, as part of its study, the maximum number of 6
transfers and exemptions for both resident and nonresident 7
LEAs for up to two years to determine if a significant 8
racially segregative impact has occurred to any LEA. 9
(2) Annually before December first, the department 10
shall report the department's findings from the study of the 11
data under subdivision (1) of this subsection to: 12
(a) The joint committee on education or any successor 13
committee; 14
(b) The house committee on elementary and secondary 15
education or any other education committee designated by the 16
speaker of the house of representatives; and 17
(c) The senate committee on education or any other 18
education committee designated by the president pro tempore 19
of the senate. 20
2. The department shall annually make a random 21
selection of ten percent of the LEAs participating in the 22
public school open enrollment program under sections 23
167.1200 to 167.1230. The department shall audit each 24
SCS SBs 971 & 906 36
selected LEA's transfers approved or denied under policies 25
adopted by the governing body under sections 167.1200 to 26
167.1230. If the department determines that a selected LEA 27
is improperly implementing and administering the transfer 28
process established under sections 167.1200 to 167.1230, the 29
department may withhold any state aid provided to the LEA 30
under chapter 160 or chapter 163 until the LEA corrects the 31
transfer process improprieties identified by the 32
department's audit. 33
167.1230. No student shall be enrolled under sections 1
167.1200 to 167.1230 before July 1, 2028. 2
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