FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DIXON.
Read 1st time March 27, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 167.031, 167.034, 167.051, and 167.052, RSMo, and to enact in lieu thereof four new sections relating to compulsory attendance for school age children, with an effective date for certain sections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 167.031, 167.034, 167.051, and 167.052, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 167.031, 167.034, 167.051, and 1, to read as follows: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 [years and the compulsory attendance age for the district] and seventeen 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 [years of age and the compulsory attendance age for the district] and seventeen years 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 and seventeen 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] and seventeen 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, 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.
167.034. 1. In any city not within a county where a child under the age of [seventeen] eighteen required to attend school under section 167.031 accumulates fifteen or more absences during any one school year, the child's school district shall report such absences to the division of family services, children's division, within ten business days of the fifteenth day of absence. Such notification, which shall be in written form and retained in the student's school records, shall include:
(1) The student's full name and parents' or guardians' full names;
(2) The addresses and phone numbers of the student and parents or guardians;
(3) The student's date of birth and age;
(4) The student's current school and grade level;
(5) The student's current grades for all classes in which the student is enrolled; and
(6) The total number of days missed and specific days missed from school.
2. Upon receipt of a report of the absences of a child under this section, the children's division shall notify the child's parent or guardian that the child has accumulated fifteen or more absences and such report may be subject to the educational neglect provisions under section 210.145, RSMo. The notification required under this section is required regardless of whether a student's parent or guardian contacted the school and approved of the absences.
167.051. 1. If a school board establishes part-time schools or classes for children under [seventeen] 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.
Section 1. 1. There is hereby created within the department of elementary and secondary education a task force on assisting school districts to meet compulsory attendance requirements. The task force shall be comprised of the following members:
(1) One senator appointed by the president pro tem of the senate;
(2) One representative appointed by the speaker of the house of representatives;
(3) The commissioner of the department of elementary and secondary education or his or her designee;
(4) Seven members appointed by the governor, with the advice and consent of the senate, including: one law enforcement officer, two school administrators, two teachers, and two school counselors.
The members shall elect a chair from among their membership. Members shall receive no compensation for the performance of their duties pursuant to this section, but each member shall be reimbursed by the department for actual and necessary expenses incurred in carrying out duties pursuant to this section.
2. The task force shall meet no less than twice each calendar year with additional meetings called by the chair upon the request of at least two members. A majority of the appointed members shall constitute a quorum.
3. The task force shall address, but not be limited to, the following issues:
(1) Making recommendations on flexibility that the department of elementary and secondary education shall grant to school districts that establish innovative programs to meet the needs of students at risk of dropping out of school;
(2) Establishing a grant program to help districts that want to establish programs to meet the needs of students at risk of dropping out of school;
(3) Making recommendations on additional funding to implement additional programs to meet the needs of students at risk of dropping out of school;
(4) Researching successful programs in this state and in other states that have been successful in reducing the drop out rate;
(5) Establishing one location for school districts that are searching for programs to help reduce the drop out rate;
(6) Engaging representatives of the juvenile justice system, including the Missouri Bar Association, to look at other changes in law, rules, and regulations, or procedures that would need to be changed because of a change in the compulsory attendance.
4. The task force shall update the state board of education periodically concerning its work and shall report its final findings and recommendations by July 1, 2010, to the state board of education and the general assembly.
[167.052. The provisions of sections 167.031 and 167.051 affecting a metropolitan school district shall be effective for the school year beginning 2007-08 and shall terminate after the school year ending 2011-12.]
Section B. The repeal of section 167.052, and the repeal and reenactment of sections 167.031, 167.034, and 167.051, shall become effective on July 1, 2013.
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