Missouri Senate

Introduced

Under this act, elementary and secondary students eligible to attend public school the previous semester or starting school for the first time qualify for the program if their household income does not exceed two times the income level to qualify for free or reduced-price lunch. Students who qualify shall continue to qualify until they graduate high school or reach age twenty-one. (Section 166.610)

A parent of an eligible child may create an education savings account. The state shall deposit into each education savings account the amount the resident school district receives from state and local sources for that student, which shall be subtracted from the state school aid payable to the school district.

Parents participating in the program shall agree to use the funds in their child's account for certain qualifying expenses, as defined in the act.

Educational providers may not refund, rebate, or share in any manner grant money with a parent or student. (Section 166.620)

This act establishes certain duties and authority for the Department of Elementary and Secondary Education in connection with education savings accounts.

The Department shall qualify private financial management firms to manage such accounts, shall conduct or contract for random annual audits, and may conduct or contract for further account audits.

The Department may find any parent ineligible to participate in the program based on substantial misuse of account funds and may refer such cases to law enforcement agencies if there is evidence of fraud.

The Department shall provide certain information, as described in the act, about the program to parents of participating students.

The Department may deduct up to three percent of program grants to cover costs and administrative expenses, shall establish reasonable fees for the private management of accounts, and shall make quarterly payments to eligible accounts. (Section 166.630)

This act requires participating private schools to comply with certain existing health, safety, and antidiscrimination laws and policies. Such schools shall conduct criminal background checks on employees and exclude from employment anyone not permitted to work in a private school under state law and anyone who might reasonably pose a safety threat to students.

Participating schools must provide parents with a receipt for all qualifying expenses. Schools receiving fifty thousand dollars or more from education savings accounts shall demonstrate by means specified in the act that the school can repay the funds if so required.

Participating parents shall ensure that their student takes annual standardized tests meeting requirements described in the act, that results from such testing and certain student demographic information are provided to the state, and that the Department is informed of the student's graduation from high school.

The Department shall ensure compliance with all student privacy laws, shall collect all test results, and shall provide certain data to the public via a website beginning after the third year of data collection.

The Department shall administer annual parent satisfaction surveys for participating parents covering certain topics as described in the act.

This act provides that participating private schools are autonomous and are not agents of state or federal governments. No state agency or officer shall regulate the educational program of participating private schools or education providers. The program does not expand the regulatory authority of the state, its officers, or school districts over private schools or education providers beyond what is necessary to enforce program requirements. Participating private schools and education providers shall be given maximum freedom to provide for students' education needs. (Section 166.640)

Under this act, the Department shall ensure that eligible students and their parents are informed annually of the schools participating in the program, with special attention to informing lower-income families.

The Department shall create a standard form for participating in the program, which is to be readily available from various sources, including the internet.

This act provides the Department authority to bar schools and education providers from participating in the program based on factors described in the act.

(Section 166.650)

Under this act, resident school districts shall provide complete student records to students attending schools or education providers through the program. Resident school districts shall provide transportation to eligible students to participating schools and education providers to the same extent such district would be required to provide transportation for students to private schools, and such districts shall qualify for state transportation aid for each student so transported.

(Section 166.660)

This act shall become effective on July 1, 2022.

This act is similar to SB 23 (2021), SB 707 (2020), SS/SCS/SB 160 (2019), HB 34 (2019), HCS/HB 478 (2019), SB 612 (2018), SS#2/SCS/SB 313 (2017) and to provisions contained in SCS/SB 32 (2017), SB 609 (2016), SB 531 (2015), HCS/HBs 1589 (2016), and HCS/HB 2307 (2016).

MATT KIMMINAU