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Missouri General Assembly· SB 63Signed by Governor

Creates and modifies provisions relating to the participation of certain students in nontraditional educational settings, the official text

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FIRST REGULAR SESSION
              [TRULY AGREED TO AND FINALLY PASSED]
              CONFERENCE COMMITTEE SUBSTITUTE FOR

                  HOUSE COMMITTEE SUBSTITUTE FOR
                           SENATE SUBSTITUTE FOR

              SENATE BILL NO. 63

                    103RD GENERAL ASSEMBLY
                                     2025

   0514S.15T

                    AN ACT

   To repeal sections 167.012, 167.013, and 167.042, RSMo, and to enact in lieu thereof four new
                sections relating to participation of certain students in nontraditional educational
                settings.

   Be it enacted by the General Assembly of the State of Missouri, as follows:

1             Section A. Sections 167.012, 167.013, and 167.042, RSMo,

2 are repealed and four new sections enacted in lieu thereof, to

3 be known as sections 167.012, 167.013, 167.042, and 167.790, to

4 read as follows:

1             167.012. 1. For purposes of state law regarding this

2 section and sections 161.670, 162.996, 167.013, 167.031,

3 167.042, 167.061, 167.600, 167.619, 167.790, 210.167,

4 210.211, 211.031, and 452.375, a "home school" is a school,

5 whether incorporated or unincorporated, that:

6             (1) Has as its primary purpose the provision of

7 private or religious-based instruction;

8             (2) Enrolls children between the ages of seven years

9 and the compulsory attendance age for the school district in

10 which the home school is located, of which no more than four

11 are unrelated by affinity or consanguinity in the third

12 degree;

   EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
   and is intended to be omitted in the law.
    CCS HCS SS SB 63         2

13      (3) Does not charge or receive consideration in the

14 form of tuition, fees, or other remuneration in a genuine

15 and fair exchange for provision of instruction;

16      (4) Does not enroll children who participate in the

17 program established in sections 135.712 to 135.719 and

18 sections 166.700 to 166.720; and

19      (5) Is not an FPE school.

20      2. Except as otherwise provided in [this] subsection 3

21 of this section, as evidence that a child is receiving

22 regular instruction, the child's parent, guardian, or other

23 person having control or custody of the child shall:

24      (1) Maintain the following records:

25      (a) a. A plan book, diary, or other written record

26 indicating subjects taught and activities engaged in;

27      b. A portfolio of samples of the child's academic

28 work; and

29      c. A record of evaluations of the child's academic

30 progress; or

31      (b) Other written or credible evidence equivalent to

32 subparagraphs a. to c. of paragraph (a) of this subdivision;

33 and

34      (2) Offer at least one thousand hours of instruction,

35 at least six hundred hours of which shall be in reading,

36 language arts, mathematics, social studies, science, or

37 academic courses that are related to such subject areas and

38 consonant with the child's age and ability. At least four

39 hundred of the six hundred hours shall occur at the regular

40 home school location[;].

41      [(3)] 3. The requirements of [this] subsection 2 of

42 this section shall not apply to any pupil sixteen years of

43 age or older.
    CCS HCS SS SB 63      3

44  [3.] 4. The production of a daily log by a parent,

45 guardian, or other person having control or custody of a

46 child showing that a home school has a course of instruction

47 that satisfies the requirements of this section and section

48 167.031 or, in the case of a pupil sixteen years of age or

49 older who attended a metropolitan school district the

50 previous year, a written statement that the pupil is

51 attending home school in compliance with section 167.031

52 shall be a defense to any prosecution under section 167.031

53 and to any charge or action for educational neglect brought

54 under chapter 210. Home school education enforcement and

55 records pursuant to this section, and sections 210.167 and

56 211.031, shall be subject to review only by the local

57 prosecuting attorney.

1   167.013. 1. For purposes of state law regarding this

2 section and sections 161.670, 162.996, 166.700, 167.012,

3 167.031, 167.061, 167.600, 167.619, 167.790, 210.167,

4 210.211, 211.031, and 452.375, a "Family Paced Education

5 (FPE) school" or "FPE school" is a school, whether

6 incorporated or unincorporated, that:

7   (1) Has as its primary purpose the provision of

8 private or religious-based instruction;

9   (2) Enrolls children between the ages of seven years

10 and the compulsory attendance age for the school district in

11 which the FPE school is located, of which no more than four

12 are unrelated by affinity or consanguinity in the third

13 degree;

14  (3) Does not charge or receive consideration in the

15 form of tuition, fees, or other remuneration in a genuine

16 and fair exchange for provision of instruction; and

17  (4) May enroll children who participate in the program

18 established in sections 135.712 to 135.719 and sections
    CCS HCS SS SB 63        4

19 166.700 to 166.720 without being required to submit to a

20 background check.

21      2. Except as otherwise provided in [this] subsection 3

22 of this section, as evidence that a child is receiving

23 regular instruction, the child's parent, guardian, or other

24 person having control or custody of the child shall:

25      (1) Maintain the following records:

26      (a) a. A plan book, diary, or other written record

27 indicating subjects taught and activities engaged in;

28      b. A portfolio of samples of the child's academic

29 work; and

30      c. A record of evaluations of the child's academic

31 progress; or

32      (b) Other written or credible evidence equivalent to

33 subparagraphs a. to c. of paragraph (a) of this subdivision;

34 and

35      (2) Offer at least one thousand hours of instruction,

36 at least six hundred hours of which shall be in reading,

37 language arts, mathematics, social studies, science, or

38 academic courses that are related to such subject areas and

39 consonant with the child's age and ability. At least four

40 hundred of the six hundred hours shall occur at the regular

41 FPE school location[;].

42      [(3)] 3. The requirements of [this] subsection 2 of

43 this section shall not apply to any pupil sixteen years of

44 age or older.

45      [3.] 4. The production of a daily log by a parent,

46 guardian, or other person having control or custody of a

47 child showing that an FPE school has a course of instruction

48 that satisfies the requirements of this section and section

49 167.031 or, in the case of a pupil sixteen years of age or

50 older who attended a metropolitan school district the
   CCS HCS SS SB 63       5

51 previous year, a written statement that the pupil is

52 attending an FPE school in compliance with section 167.031

53 shall be a defense to any prosecution under section 167.031

54 and to any charge or action for educational neglect brought

55 under chapter 210. FPE school education enforcement and

56 records pursuant to this section, and sections 210.167 and

57 211.031, shall be subject to review only by the local

58 prosecuting attorney.

1  167.042. [For the purpose of minimizing unnecessary

2 investigations due to reports of truancy, each] If a parent,

3 guardian, or other person [responsible for the] having

4 charge, control, or custody of the child [who causes his

5 child to attend regularly a home school may provide to the

6 recorder of deeds of the county where the child legally

7 resides, or to the chief school officer of] makes a written

8 notification of their intent to pursue other educational

9 options under section 167.031, and requests that the child

10 be dropped from the public school district rolls where the

11 child legally resides, [a signed, written declaration of

12 enrollment stating their intent for the child to attend a

13 home school within thirty days after the establishment of

14 the home school and by September first annually thereafter.

15 The name and age of each child attending the home school,

16 the address and telephone number of the home school, the

17 name of each person teaching in the home school, and the

18 name, address and signature of each person making the

19 declaration of enrollment shall be included in said notice.

20 A declaration of enrollment to provide a home school shall

21 not be cause to investigate violations of section 167.031.

22 The recorder of deeds may charge a service cost of not more

23 than one dollar for each notice filed] such school shall
    CCS HCS SS SB 63            6

24 comply with the request and remove said child from the rolls

25 promptly.

1   167.790. 1. As used in this section, the following

2 terms mean:

3   (1) "Athletics", any interscholastic athletic games,

4 contests, programs, activities, exhibitions, or other

5 similar competitions for students;

6   (2) "Event or activity", athletics, fine arts

7 activities, integrated cocurricular activities, or other

8 extracurricular occurrences directly related to such

9 athletics, fine arts activities, or integrated cocurricular

10 activities that are sponsored, organized, or provided for

11 students by a school district, charter school, or attendance

12 center of a school district;

13  (3) "Fine arts activities", any student activities

14 that include dance, theater, vocal music, performance of

15 music, or visual arts;

16  (4) "FPE school", as such term is defined in section

17 167.013;

18  (5) "Full-time equivalent student", as such term is

19 defined in section 161.670;

20  (6) "Home school", as such term is defined in section

21 167.012;

22  (7) "Integrated cocurricular activities", activities

23 that are outside of the regular school curriculum but

24 complement and supplement such curriculum.

25  2. A school district or charter school shall not be a

26 member of, or remit any funds to, any statewide activities

27 association that would cause such school district or charter

28 school to violate the provisions of this section.
    CCS HCS SS SB 63           7

29       3. Except as otherwise provided in subsections 4 and 5

30 of this section, a school district or charter school shall

31 not:

32       (1) Prohibit a student who is receiving instruction at

33 an FPE school, a home school, or at a virtual school as a

34 full-time equivalent student from having the opportunity to

35 participate, contingent upon the successful completion of a

36 tryout if applicable, in any event or activity offered by

37 the charter school or by the school district or an

38 attendance center of the school district in which the

39 student resides for any reason relating to such student's

40 FPE, home, or virtual instruction; or

41       (2) Require a student who is receiving instruction at

42 an FPE school, a home school, or at a virtual school as a

43 full-time equivalent student to attend any class or to

44 attend a charter school or public school for any portion of

45 a school day in order to participate in any event or

46 activity offered by the charter school or by the school

47 district or an attendance center of the school district in

48 which the student resides.

49       4. The provisions of subsection 3 of this section

50 shall not be construed to prohibit a school district or

51 charter school from requiring students to participate in any

52 components of instruction required for participation in:

53       (1) Fine arts activities with integral components of

54 instruction provided during a course held during the school

55 day;

56       (2) Career and technical student organizations where

57 applied learning and engagement are integral components of

58 instruction for an approved career and technical education

59 program in Missouri; or
    CCS HCS SS SB 63  8

60       (3) Integrated cocurricular activities requiring

61 students to participate in appropriate coursework and

62 preparation of their related activities during the school

63 day.

64       5. (1) A school district or charter school may

65 establish a disciplinary policy or an attendance policy, or

66 both, for any required coursework, rehearsals, practice

67 sessions, or training sessions that are directly related to

68 and required for trying out for or participation in an event

69 or activity offered by the charter school or by the school

70 district or an attendance center of the school district.

71       (2) A school district or charter school shall apply

72 such disciplinary policy or attendance policy that is

73 directly related to and required for trying out for or

74 participation in the same manner to all students who try out

75 for or participate in the event or activity to which the

76 policy applies.

77       (3) A school district or charter school shall neither

78 establish nor apply a separate disciplinary policy or

79 attendance policy, or any provision thereof, for students

80 who receive instruction at an FPE school, a home school, or

81 at a virtual school as a full-time equivalent student.

82       6. If a student whose academic performance or

83 disciplinary status would preclude such student from

84 eligibility to participate in any extracurricular event or

85 activity in the student's charter school or resident school

86 district disenrolls from such charter school or school

87 district in order to receive instruction at an FPE school, a

88 home school, or at a virtual school as a full-time

89 equivalent student, such student shall not be eligible to

90 participate in a charter school or public school event or

91 activity in the charter school or school district of such
     CCS HCS SS SB 63      9

92 student's disenrollment for twelve calendar months from the

93 date of disenrollment.

94   7. The parent or legal guardian providing primary

95 instruction of a student who is receiving instruction at an

96 FPE school or a home school is responsible for oversight of

97 academic standards directly relating to the student's

98 participation in an event or activity offered by a charter

99 school or school district or attendance center of a school

100 district.

101  8. (1) A student who is receiving instruction at an

102 FPE school, a home school, or at a virtual school as a full-

103 time equivalent student shall satisfy the following

104 requirements in order to be eligible to try out for and,

105 contingent upon the successful completion of a tryout if

106 applicable, participate in a charter school or public school

107 event or activity in the charter school or the student's

108 school district of residence pursuant to the provisions of

109 this section:

110  (a) Proof of the student's residency in the school

111 district or within the boundaries of the applicable

112 attendance center or charter school where the student seeks

113 to participate in a public school or charter school event or

114 activity shall be provided to such district or charter

115 school pursuant to the provisions of section 167.020;

116  (b) The student shall provide a physical to

117 participate in sports, including details on any underlying

118 conditions relevant to such participation;

119  (c) The student shall adhere to the same behavior,

120 responsibility, performance, and code of conduct standards

121 directly related to the event or activity as those enrolled

122 in the charter school or public school district; and
     CCS HCS SS SB 63  10

123  (d) The student shall fulfill the same financial

124 requirements as those required of students enrolled in the

125 charter school or public school district.

126  (2) Any records created or retained by a charter

127 school, school district, or attendance center under this

128 section shall not be disclosed by such charter school,

129 district, or attendance center for any purpose except for

130 compliance with federal or state law.

131  9. (1) The term "event or activity" shall not be

132 construed to include other extracurricular gatherings or

133 special occasions sponsored, organized, or provided for

134 students by a school district, charter school, or attendance

135 center of a school district that are not athletics, fine

136 arts activities, integrated cocurricular activities, or

137 other extracurricular occurrences directly related to such

138 athletics, fine arts activities, or integrated cocurricular

139 activities.

140  (2) No charter school, school district, or attendance

141 center of a school district shall be required to establish

142 or prohibited from establishing a policy that includes or

143 excludes the participation of a student who receives

144 instruction at an FPE school, a home school, or at a virtual

145 school as a full-time equivalent student in such other

146 extracurricular gatherings or special occasions.

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