Introduced

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 Empowerment Scholarship Accounts Program to include FLEX schools instead of home schools. However, any state laws or regulations that apply to the Empowerment Scholarship Accounts Program shall not apply to FLEX school students who do not participate in such program. The act specifies that no state agency shall have regulatory oversight or rulemaking authority over FLEX schools unless such oversight or authority is specifically delegated under state law.

Public schools, state agencies, state 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, students who are enrolled in 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 a provision 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 a provision 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 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 at a public school in order to participate in such event or activity. The act further 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 in which such student resides or require such student to take any class in order to participate in such event or activity.

A school district may establish an attendance policy for any rehearsals, practice sessions, or training sessions that are directly related to and required for participation in an event or activity. A school district may also require students to participate in components of instruction that are required for participation in fine arts activities, career and technical student organizations, or integrated cocurricular activities.

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.

Any 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.

If a student whose academic performance or disciplinary status would preclude such student from eligibility to participate in extracurricular events or activities in the resident school district disenrolls from such school district in order to receive instruction at a FLEX school or a full-time virtual school, such student shall not be eligible to participate in public school events or activities in the district of such student's disenrollment for twelve calendar months from the date of disenrollment.

The parent of a FLEX school student shall oversee any academic standards relating to such student's participation in a public school event or activity.

Any records created pertaining to a FLEX school student or a full-time virtual school student shall be made confidential.

The act outlines certain criteria that FLEX school and virtual school students shall satisfy in order to be eligible to participate in public school activities in their district of residence. Such students shall provide proof of residency in the district in which they wish to participate in public school activities. They shall also adhere to the same behavior, responsibility, performance, and code conduct standards as do students who are enrolled in the district.

This provision is similar to a provision in HCS/SS/SCS/SBs 411 & 230 (2023) and to HB 241 (2023), SB 835 (2022), HCS/HB 2369 (2022), HCS/HB 494 (2021), SCS/SB 875 (2020), SCS/HC/HB 1540 (2020), HCS/SS/SCS/SB 528 (2020), HCS/HB 2273 (2020), and SB 130 (2019).

OLIVIA SHANNON