FIRST REGULAR SESSION
HOUSE BILL NO. 824
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES MUSCHANY (Sponsor), CUNNINGHAM (86), SATER AND SCHAD (Co-sponsors).
Read 1st time February 8, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
To repeal sections 160.041, 160.480, 163.051, and 167.031, RSMo, and to enact in lieu thereof four new sections relating to school emergency procedures.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 160.041, 160.480, 163.051, and 167.031, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 160.041, 160.480, 163.051, and 167.031, to read as follows:
160.041. 1. The "minimum school day" consists of three hours in which the pupils are under the guidance and direction of teachers in the teaching process. A "school month" consists of four weeks of five days each. The "school year" commences on the first day of July and ends on the thirtieth day of June following.
2. Notwithstanding the provisions of subsection 1 of this section, the commissioner of education is authorized to reduce the required number of hours and days in which the pupils are under the guidance and direction of teachers in the teaching process if:
(1) There is damage to or destruction of a public school facility which requires the dual utilization of another school facility; or
(2) [Flooding] A natural disaster, including but not limited to pandemic disease, or man-made emergency prevents students from attending the public school facility.
Such reduction not to extend beyond two calendar years in duration.
160.480. 1. The board of education of each school district in this state [is authorized to] shall adopt an emergency preparedness plan by December 1, 2007, to address the continuation of school services and the use of school resources, including school facilities, commodity foods, school buses, and equipment if a natural disaster or other community emergency occurs.
2. Such plan shall include, at a minimum, the following elements:
(1) Alternatives for the delivery of school services when, as a result of a declaration of emergency, person-to-person contact must be curtailed or a school is temporarily converted to an access point for public services or information;
(2) Practice for the implementation plan, which may include a scenario rehearsal.
3. The emergency preparedness plan may authorize the superintendent or other designated school officials to approve use of school resources to provide relief to the community if an emergency occurs.
[3.] 4. Food assistance may be provided using commodities distributed by the United States Department of Agriculture consistent with the standards for emergency congregate feeding under such program.
[4.] 5. The use of school resources under subsections 3 and 4 of this section shall be subject to review by the board of education within thirty days of authorization or as soon as reasonably possible.
163.051. The state board of education, in the apportionment of the state school moneys fund, may use the average daily attendance of the next full year preceding or project the average daily attendance for the current year based on the average daily attendance for the last fifty days the schools of the district were in session before the schools were forced to close before the expiration of the term or before average daily attendance dropped substantially because of a disaster caused by flood, fire, windstorm or any natural disaster, including but not limited to pandemic disease, when all or part of the district is designated a disaster area by the governor of the state, or when districts have been forced to close because of nonpayment of taxes as a result of flooding or drought conditions or because of loss of surplus funds occasioned by bank failures in any county of the state.
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 years and the compulsory attendance age for the district 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 or by subsection 2 of section 160.041, RSMo. A parent, guardian or other person in this state having charge, control, or custody of a child between the ages of seven years of age and the compulsory attendance age for the district 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 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 years of age and the compulsory attendance age for the district 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 years and the compulsory attendance age for the district, 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, except as otherwise provided in this subsection:
(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) The requirements of subdivision (2) of this subsection shall not apply to any pupil above the age of sixteen years.
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 or, in the case of a pupil over the age of sixteen years who attended a metropolitan school district the previous year, a written statement that the pupil is attending home school in compliance with 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.
6. As used in sections 167.031 to 167.051, the term "compulsory attendance age for the district" shall mean:
(1) Seventeen years of age for any metropolitan school district for which the school board adopts a resolution to establish such compulsory attendance age; provided that such resolution shall take effect no earlier than the school year next following the school year during which the resolution is adopted; and
(2) Sixteen years of age in all other cases.
The school board of a metropolitan school district for which the compulsory attendance age is seventeen years may adopt a resolution to lower the compulsory attendance age to sixteen years; provided that such resolution shall take effect no earlier than the school year next following the school year during which the resolution is adopted.
7. The provisions of this section shall apply to any parent, guardian, or other person in this state having charge, control, or custody of a child between the ages of fifteen and eighteen if such child has not received a high school diploma or its equivalent and a court order has been issued as to such child under section 211.034, RSMo.