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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 COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 998
103RD GENERAL ASSEMBLY
4362S.03C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 166.700 and 166.720, RSMo, and to enact in lieu thereof three new sections
relating to empowerment scholarship accounts.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 166.700 and 166.720, RSMo, are 1
repealed and three new sections enacted in lieu thereof, to be 2
known as sections 166.700, 166.719, and 166.720, to read as 3
follows:4
166.700. As used in sections 166.700 to 166.720, the 1
following terms mean: 2
(1) "Curriculum", a complete course of study for a 3
particular content area or grade level, including any 4
supplemental materials; 5
(2) "District", the same meaning as used in section 6
160.011; 7
(3) "Educational assistance organization", the same 8
meaning as used in section 135.712; 9
(4) ["Illegal alien", any person who is not lawfully 10
present in the United States or any person who gained 11
illegal entry into the United States] "Legal resident", any 12
person who is lawfully present in the United States, 13
according to the terms of 8 U.S.C. Section 1101, et seq.; 14
(5) "Parent", the same meaning as used in section 15
135.712; 16
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(6) "Private school", a school that is not a part of 17
the public school system of the state of Missouri and that 18
charges tuition for the rendering of elementary or secondary 19
educational services; 20
(7) "Program", the same meaning as used in section 21
135.712; 22
(8) "Qualified school", an FPE school or any of the 23
following entities that is incorporated in Missouri and that 24
does not discriminate on the basis of race, color, or 25
national origin: 26
(a) A charter school as defined in section 160.400; 27
(b) A private school; 28
(c) A public school as defined in section 160.011; or 29
(d) A public or private virtual school; 30
(9) "Qualified student", any elementary or secondary 31
school student who is a legal resident of this state[, who 32
is not an illegal alien,] and who: 33
(a) Has an approved "individualized education plan" 34
(IEP) developed under the federal Individuals with 35
Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et 36
seq., as amended, in accordance with rules of the state 37
board of education or with the applicable rules of another 38
state, or who has been diagnosed with dyslexia, as the term 39
"dyslexia" is defined in section 633.420, or who has 40
received a diagnosis of a disability from a physician who is 41
licensed under the provisions of chapter 332, a psychologist 42
who is licensed under the provisions of chapter 337, or a 43
mental health professional as defined in section 632.005, 44
while acting within their scope of practice, or a physician 45
who holds an active license issued by another state or 46
territory of the United States, the District of Columbia, or 47
the Commonwealth of Puerto Rico; or 48
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(b) Is a member of a household whose total annual 49
income does not exceed an amount equal to three hundred 50
percent of the income standard used to qualify for free and 51
reduced price lunches[, and that meets at least one of the 52
following qualifications: 53
a. Attended a public school as a full-time student for 54
at least one semester during the previous twelve months; 55
b. Is a child who is eligible to begin kindergarten or 56
first grade under sections 160.051 to 160.055; or 57
c. Is a sibling of a qualified student who received a 58
scholarship grant in the previous school year and will 59
receive a scholarship grant in the current school year]. 60
166.719. 1. For purposes of this section, "parents" 1
includes only those parents, as the term "parent" is defined 2
in section 166.700, whose children are qualified students 3
who participate in or have applied to participate in the 4
program. 5
2. An organization may intervene on behalf of a group 6
of parents as a defendant in any action in which any of the 7
following is at issue: 8
(1) Any provision of the Constitution of Missouri 9
involving the program; 10
(2) Any Missouri statute involving the program; or 11
(3) Any Missouri regulation involving the program. 12
3. An organization that intervenes on behalf of a 13
group of parents under this section shall represent the 14
rights of such parents in such proceeding and shall have the 15
right to file such pleading necessary on behalf of such 16
parents. 17
166.720. 1. Sections 166.700 to 166.720 shall not be 1
construed to permit any governmental agency to exercise 2
control or supervision over any qualified school in which a 3
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qualified student enrolls other than a qualified school that 4
is a public school. 5
2. A qualified school, other than a qualified school 6
that is a public school, that accepts a payment from a 7
parent under sections 166.700 to 166.720 shall not be 8
considered an agent of the state or federal government due 9
to its acceptance of the payment. 10
3. A qualified school shall not be required to alter 11
its creed, practices, admissions policy, or curriculum in 12
order to accept students whose parents pay tuition or fees 13
from a Missouri empowerment scholarship account to 14
participate as a qualified school. 15
4. (1) Except as specifically provided in state law, 16
a qualified school shall not be required to be accredited by 17
any entity in order to participate in the program by 18
enrolling qualified students and receiving funds remitted 19
from such students' empowerment scholarship accounts. This 20
subdivision applies to accreditation by entities that may 21
include, but shall not be limited to, the department of 22
elementary and secondary education or a nationally 23
recognized education accrediting association. 24
(2) Except as specifically provided in state law, a 25
qualified school shall not be required to comply with any 26
rule, regulation, or other criteria or requirement in order 27
to participate in the program by enrolling qualified 28
students and receiving funds remitted from such students' 29
empowerment scholarship accounts. 30
(3) Neither the state treasurer nor the Missouri 31
empowerment scholarship accounts board shall establish or 32
enforce any rule, regulation, or other criteria or 33
requirement that conditions a qualified school's eligibility 34
to participate in the program on: 35
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(a) Accreditation in violation of subdivision (1) of 36
this subsection; or 37
(b) Compliance with any rule, regulation, or other 38
criteria or requirement in violation of subdivision (2) of 39
this subsection. 40
(4) Any rule, regulation, or other criteria or 41
requirement that violates any provision of this subsection 42
is void and shall have no force or effect. 43
5. (1) Any qualified student receiving a Missouri 44
empowerment scholarship who leaves a public school or 45
charter school, as such terms are defined in chapter 160, in 46
the qualified student's resident school district to enroll 47
in a qualified school that is not the qualified student's 48
resident school district shall continue to be counted in the 49
resident public school or charter school's weighted average 50
daily attendance as a resident student for the purposes of 51
determining state and federal aid for the qualified 52
student's resident school district or charter school. 53
(2) The qualified student will continue to be counted 54
for such purpose as provided: 55
(a) For five years after the qualified student no 56
longer attends school in the qualified student's resident 57
school district; 58
(b) Until any calendar year that the qualified student 59
no longer receives grant money in their scholarship account; 60
(c) Until the qualified student is counted in the 61
weighted average daily attendance for a public school or 62
charter that they are a resident student in; or 63
(d) Until the qualified student graduates. 64
(3) The educational assistance organization and the 65
state treasurer shall provide the necessary information to 66
the department of elementary and secondary education to 67
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allow the federal and state aid to continue to the public 68
school or charter school in the qualified student's resident 69
school district previously attended by the qualified student. 70
(4) The provisions of this subsection shall terminate 71
five years after August 28, 2021. 72
[5.] 6. In any legal proceeding challenging the 73
application of sections 166.700 to 166.720 to a qualified 74
school, the state shall bear the burden of establishing that 75
the law is necessary and does not impose any undue burden on 76
qualified schools. 77
[6.] 7. The provisions of section 23.253 of the 78
Missouri sunset act shall not apply to sections 166.700 to 79
166.720. 80
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