Senate Substitute

SS/SCS/SBs 411 & 230 - This act modifies the definition of "home school", creates a definition for "FLEX school", repeals provisions authorizing the appointment of school attendance officers, repeals provisions authorizing parents to submit a written declaration of intent to home school, and establishes provisions relating to the participation of certain students in public school activities.

FLEX SCHOOLS (Sections 161.670, 162.996, 162.1250, 166.700, 167.031, 167.061, 167.600, 167.619, 210.167, 210.211, 211.031, 452.375, and 167.071)

The act defines a "Family-Led Educational eXperience (FLEX) school" or "FLEX school" as a school that meets certain criteria that also apply to home schools, except that a FLEX school may enroll students who participate in the Missouri Empowerment Scholarship Accounts Program or activities offered by a public school district. The definition of "home school" is modified to exclude students who participate in such Program or activities. The act modifies certain provisions of law to include FLEX schools in provisions that also apply to home schools. The act also modifies the definition of "qualified schools" in provisions relating to the Missouri Empowerment Scholarship Accounts Program to include FLEX schools instead of home schools.

Public schools, state agencies and employees, and certain private entities shall not refer to FLEX schools or to publicly funded programs, including but not limited to virtual school programs, as "home schooling". Additionally, public schools, state agencies and employees, and certain private entities shall not refer to students who are enrolled in an attendance center of a public school district, including full-time virtual school programs, students who receive education funding from the state of Missouri, or students who participate in the Missouri Empowerment Scholarship Accounts Program as "home schooled" students.

DECLARATIONS OF INTENT TO HOME SCHOOL (Section 167.042)

The act repeals provisions authorizing parents to submit a written declaration of intent to home school their child to the recorder of deeds of the county where the child legally resides or to the superintendent of the public school district where the child legally resides.

SCHOOL ATTENDANCE OFFICERS (Section 167.071)

The act repeals provisions authorizing a seven-director school district to appoint a school attendance officer who has the powers of a deputy sheriff and may investigate claims of violations of the compulsory attendance law and arrest truant juveniles without a warrant.

PARTICIPATION IN PUBLIC SCHOOL ACTIVITIES (Section 167.790)

The act provides that a school district shall not prohibit a student receiving instruction at a FLEX school or a full-time virtual school from participating in any event or activity offered by the school district or require such student to take any class in order to participate in such event or activity. The act further provides that a school district shall not be a member of, or remit any funds to, a statewide activities association that prohibits a student receiving instruction at a FLEX school or a full-time virtual school from participating in any event or activity offered by the school district in which the student resides or that requires such students to take any class in order to participate in such event or activity. Additionally, a statewide activities association shall not prohibit any member school district from participating in any event with a school that is not a member of the association.

A school district may establish an attendance policy for any rehearsals, practice sessions, and training sessions that are directly related to and required for participation in an event or activity. However, school disciplinary policies and attendance policies shall be applied in the same manner to all students who participate in an event or activity. A school district shall not establish a separate disciplinary or attendance policy for students who receive instruction at a FLEX school or a full-time virtual school.

Records created pertaining to a FLEX school student or a full-time virtual school student shall be made confidential. The parent of a FLEX school student shall oversee academic standards relating to such student's participation in a public school activity.

These provisions are similar to SB 835 (2022), SCS/SB 875 (2020), HCS/HB 2369 (2022), and HCS/HB 494 (2021).

OLIVIA SHANNON


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