SECOND REGULAR SESSION

HOUSE BILL NO. 1699

91ST GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVES HOSMER, KREIDER AND MARSH (Co-sponsors).

Read 1st time January 29, 2002, and 1000 copies ordered printed.

TED WEDEL, Chief Clerk

3279L.01I


AN ACT

To repeal sections 167.031, 167.051, 167.275, and 302.060, RSMo, and to enact in lieu thereof five new sections relating to the protection of certain children, with an effective date for certain sections and with penalty provisions.




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

Section A. Sections 167.031, 167.051, 167.275, and 302.060, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 167.031, 167.051, 167.275, 302.060, and 302.176, to read as follows:

167.031. 1. Every parent, guardian or other person in this state having charge, control or custody of a child not enrolled in a public, private, parochial, parish school or full-time equivalent attendance in a combination of such schools and between the ages of seven and [sixteen] eighteen years is responsible for enrolling the child in a program of academic instruction which complies with subsection 2 of this section. Any parent, guardian or other person who enrolls a child between the ages of five and seven years in a public school program of academic instruction shall cause such child to attend the academic program on a regular basis, according to this section. Nonattendance by such child shall cause such parent, guardian or other responsible person to be in violation of the provisions of section 167.061, except as provided by this section. A parent, guardian or other person in this state having charge, control, or custody of a child between the ages of seven and [sixteen] eighteen years of age shall cause the child to attend regularly some public, private, parochial, parish, home school or a combination of such schools not less than the entire school term [of the] or until graduation from such school [which the child attends]; except that

(1) A child who, to the satisfaction of the superintendent of public schools of the district in which he resides, or if there is no superintendent then the chief school officer, is determined to be mentally or physically incapacitated may be excused from attendance at school for the full time required, or any part thereof;

(2) A child between fourteen and [sixteen] eighteen years of age may be excused from attendance at school for the full time required, or any part thereof, by the superintendent of public schools of the district, or if there is none then by a court of competent jurisdiction, when legal employment has been obtained by the child and found to be desirable, and after the parents or guardian of the child have been advised of the pending action; or

(3) A child between five and seven years of age shall be excused from attendance at school if a parent, guardian or other person having charge, control or custody of the child makes a written request that the child be dropped from the school's rolls.

2. (1) As used in sections 167.031 to 167.071, a "home school" is a school, whether incorporated or unincorporated, that:

(a) Has as its primary purpose the provision of private or religious-based instruction;

(b) Enrolls pupils between the ages of seven and [sixteen] eighteen years, of which no more than four are unrelated by affinity or consanguinity in the third degree; and

(c) Does not charge or receive consideration in the form of tuition, fees, or other remuneration in a genuine and fair exchange for provision of instruction;

(2) As evidence that a child is receiving regular instruction, the parent shall:

(a) Maintain the following records:

a. A plan book, diary, or other written record indicating subjects taught and activities engaged in; and

b. A portfolio of samples of the child's academic work; and

c. A record of evaluations of the child's academic progress; or

d. Other written, or credible evidence equivalent to subparagraphs a., b. and c.; and

(b) Offer at least one thousand hours of instruction, at least six hundred hours of which will be in reading, language arts, mathematics, social studies and science or academic courses that are related to the aforementioned subject areas and consonant with the pupil's age and ability. At least four hundred of the six hundred hours shall occur at the regular home school location.

3. Nothing in this section shall require a private, parochial, parish or home school to include in its curriculum any concept, topic, or practice in conflict with the school's religious doctrines or to exclude from its curriculum any concept, topic, or practice consistent with the school's religious doctrines. Any other provision of the law to the contrary notwithstanding, all departments or agencies of the state of Missouri shall be prohibited from dictating through rule, regulation or other device any statewide curriculum for private, parochial, parish or home schools.

4. A school year begins on the first day of July and ends on the thirtieth day of June following.

5. The production by a parent of a daily log showing that a home school has a course of instruction which satisfies the requirements of this section shall be a defense to any prosecution under this section and to any charge or action for educational neglect brought pursuant to chapter 210, RSMo.

167.051. 1. If a school board establishes part-time schools or classes for children under [sixteen] eighteen years of age, lawfully engaged in any regular employment, every parent, guardian or other person having charge, control or custody of such a child shall cause the child to attend the school not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the evening during the school year of the part-time classes.

2. All children who are under eighteen years of age, who have not completed the elementary school course in the public schools of Missouri, or its equivalent, and who are not attending regularly any day school shall be required to attend regularly the part-time classes not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the afternoon during the entire year of the part-time classes.

167.275. [Effective January 1, 1991,] Beginning January 1, 2003, all public and nonpublic secondary schools shall report to the state literacy hot line office in Jefferson City the name, mailing address and telephone number of all students [sixteen] eighteen years of age or older who drop out of school for any reason other than to attend another school, college or university, or enlist in the armed services. Such reports shall be made either by using the telephone hot line number or on forms developed by the department of elementary and secondary education. Upon such notification, the state literacy hot line office shall contact the student who has been reported and refer that student to the nearest location that provides adult basic education instruction leading to the completion of a general educational development certificate.

302.060. The director shall not issue any license and shall immediately deny any driving privilege:

(1) To any person who is under the age of eighteen years, if such person operates a motor vehicle in the transportation of persons or property as classified in section 302.015;

(2) To any person who is under the age of sixteen years, except as [hereinafter] provided in this section, or to any person who is under the age of eighteen years who fails to meet the qualifications of section 302.176;

(3) To any person whose license has been suspended, during such suspension, or to any person whose license has been revoked, until the expiration of one year after such license was revoked;

(4) To any person who is an habitual drunkard or is addicted to the use of narcotic drugs;

(5) To any person who has previously been adjudged to be incapacitated and who at the time of application has not been restored to partial capacity;

(6) To any person who, when required by this law to take an examination, has failed to pass such examination;

(7) To any person who has an unsatisfied judgment against such person, as defined in chapter 303, RSMo, until such judgment has been satisfied or the financial responsibility of such person, as defined in section 303.120, RSMo, has been established;

(8) To any person whose application shows that the person has been convicted within one year prior to such application of violating the laws of this state relating to failure to stop after an accident and to disclose the person's identity or driving a motor vehicle without the owner's consent;

(9) To any person who has been convicted more than twice of violating state law, or a county or municipal ordinance where the judge in such cases was an attorney and the defendant was represented by or waived the right to an attorney in writing, relating to driving while intoxicated; except that, after the expiration of ten years from the date of conviction of the last offense of violating such law or ordinance relating to driving while intoxicated, a person who was so convicted may petition the circuit court of the county in which such last conviction was rendered and the court shall review the person's habits and conduct since such conviction. If the court finds that the petitioner has not been convicted of any offense related to alcohol, controlled substances or drugs during the preceding ten years and that the petitioner's habits and conduct show such petitioner to no longer pose a threat to the public safety of this state, the court may order the director to issue a license to the petitioner if the petitioner is otherwise qualified pursuant to the provisions of sections 302.010 to 302.540. No person may obtain a license pursuant to the provisions of this subdivision through court action more than one time;

(10) To any person who has been convicted twice within a five-year period of violating state law, or a county or municipal ordinance where the judge in such cases was an attorney and the defendant was represented by or waived the right to an attorney in writing, of driving while intoxicated, or who has been convicted of the crime of involuntary manslaughter while operating a motor vehicle in an intoxicated condition. The director shall not issue a license to such person for five years from the date such person was convicted for involuntary manslaughter while operating a motor vehicle in an intoxicated condition or for driving while intoxicated for the second time. Any person who has been denied a license for two convictions of driving while intoxicated prior to July 27, 1989, shall have the person's license issued, upon application, unless the two convictions occurred within a five-year period, in which case, no license shall be issued to the person for five years from the date of the second conviction;

(11) To any person who is otherwise disqualified pursuant to the provisions of sections 302.010 to 302.780, chapter 303, RSMo, or section 544.046, RSMo;

(12) To any person who is under the age of eighteen years, if such person's parents or legal guardians file a certified document with the department of revenue stating that the director shall not issue such person a driver's license. Each document filed by the person's parents or legal guardians shall be made upon a form furnished by the director and shall include identifying information of the person for whom the parents or legal guardians are denying the driver's license. The document shall also contain identifying information of the person's parents or legal guardians. The document shall be certified by the parents or legal guardians to be true and correct. This provision shall not apply to any person who is legally emancipated. The parents or legal guardians may later file an additional document with the department of revenue which reinstates the person's ability to receive a driver's license.

302.176. 1. In addition to the requirements of section 302.171, the director shall require any applicant for an operator's license or a temporary permit issued pursuant to section 302.130 who is less than eighteen years of age to present a diploma or other certificate of graduation issued to such person from an accredited public or any private, parochial, or parish high school in this state or any other state, or documentation that the applicant is:

(1) Currently enrolled and progressing in accordance with school district policy in and regularly attending a public high school in this or any other state and shall have earned a minimum of two and twenty-five one hundredths units of credit the preceding semester of attendance or shall be enrolled and progressing in accordance with school district policy in an alternative curriculum designed by the state board of education which places an emphasis on vocational education and job training for students who are at risk of not completing the required curriculum or be enrolled and progressing in accordance with school district policy in a full course at the applicant's level in a special education program for the handicapped approved by the department of elementary and secondary education which, though ungraded, enrolls pupils of equivalent age;

(2) Enrolled in a secondary private school; or

(3) Enrolled and making satisfactory progress in a state-approved course leading to a certificate of high school equivalence or has obtained such certificate.

2. The superintendent of schools, or in the case of nonpublic schools, the chief administrative official, shall provide verification of enrollment status on a form provided by the department of elementary and secondary education to any student sixteen years of age or older upon request for presentation to the department of revenue on application for or reinstatement of an operator's license or temporary permit. Such verification of enrollment status shall include: the student's name, date of birth, Social Security number, address, the date of the verification, and signature of the superintendent, the chief administrative official, or the parent, which verifies that the student is enrolled in one of the programs listed in subsection 1 of this section. Whenever a student sixteen years of age or older withdraws from school, except as provided in subsection 4 of this section, the superintendent, or in the case of nonpublic schools, the chief administrative official, shall notify the department of revenue within thirty days of such withdrawal. Within five days of the receipt of such notice, the department of revenue shall send notice to the licensee at his or her last known address that the license will be suspended on the thirtieth day after notice is mailed to the licensee by the department, unless the licensee postmarks the compliance documentation to the department of revenue within the thirty-day period. Such notice shall be complete upon mailing and shall be presumed to be received three days after mailing. Any licensee receiving such notice may appeal to the director of the department of revenue on a form to be provided by the department. The only issue to be determined on appeal shall be whether the director received notice from the appropriate official that the withdrawal occurred, and whether any evidence was provided by the licensee that reenrollment occurred within the thirty-day period after the notice of suspension was mailed. The department may charge a reinstatement fee in accordance with the provisions of section 302.304.

3. For the purposes of this section, the term "withdrawal" means ten or more consecutive or fifteen total days of unexcused absences in a single semester or means missing five or more consecutive sessions in a course leading to a certificate of high school equivalence due to unexcused absences. The determination of unexcused absences shall be made by the superintendent or chief administrative official of the school.

4. Whenever the withdrawal from school or failure to enroll in a course leading to a certificate of high school equivalence is for the purpose of transferring to another school or program, which is confirmed in writing by the student's parent or guardian within five days of such transfer, no such notice need be sent to the department of revenue in order to suspend the student's operator's license. In addition, any person who is an emancipated minor, as defined in section 302.171, who does not meet the qualifications prescribed by subsection 1 of this section may request the school board of the school district in which such person resides to grant a waiver from the requirements of this section and such waiver shall be granted if the school board determines that having a license to operate a motor vehicle is in the best interests of that person.

5. Any person who knowingly submits false information to the department pursuant to the provisions of this section is guilty of a class C misdemeanor.

6. The provisions of this section shall not apply to those students who are home school students pursuant to section 167.031, RSMo.

Section B. The repeal and reenactment of section 302.060 and the enactment of section 302.176 of section A of this act shall be effective on January 1, 2003.



Missouri House of Representatives