To repeal sections 167.031 and 167.051, RSMo 1994, and sections 167.161 and 167.171, RSMo Supp. 1996, relating to school attendance, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 167.031 and 167.051, RSMo 1994, and sections 167.161 and 167.171, RSMo Supp. 1996, are repealed and four new sections enacted in lieu thereof, to be known as sections 167.031, 167.051, 167.161 and 167.171, to read as follows: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, home or parish school or full-time equivalent attendance in a combination of such schools and [between the ages of] at least seven and [sixteen] not more than eighteen years of age is responsible for enrolling the child in a program of academic instruction which complies with subsection 2 of this section, unless such child has graduated from a public, private, parochial, home or parish high school. 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] at least seven and [sixteen] not more than eighteen years of age 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] such child 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] all or any part of the time required[, or any part thereof];

     (2) A child [between] at least fourteen [and sixteen] years of age may be excused from attendance at school for [the full] all or any part of the 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 such child has joined a branch of the military service of the United States, or is married and has at least one child and 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] at least five and not more than 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)] (1) Has as its primary purpose the provision of private or religious-based instruction;

     [(b)] (2) Enrolls pupils between the ages of seven and sixteen years, of which no more than four are unrelated by affinity or consanguinity in the third degree; and

     [(c)] (3) 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)] 3. As evidence that a child is receiving regular instruction, the parent shall:

     [(a)] (1) Maintain the following records:

     [a.] (a) A plan book, diary, or other written record indicating subjects taught and activities engaged in; and

     [b.] (b) A portfolio of samples of the child's academic work; and

     [c.] (c) A record of evaluations of the child's academic progress; or

     [d.] (d) Other written, or credible evidence equivalent to [subparagraphs a., b. and c.] paragraphs (a), (b) and (c) of this subdivision; and

     [(b)] (2) 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] these 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.] 4. 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.] 5. A school year begins on the first day of July and ends on the thirtieth day of June following.

     [5.] 6. 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 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.

     167.051. 1. If a school board establishes part-time schools or classes for children under [sixteen] 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.

     167.161. 1. The school board of any district, after notice to parents or others having custodial care and a hearing upon charges preferred, may suspend or expel a pupil for conduct which is prejudicial to good order and discipline in the schools or which tends to impair the morale or good conduct of the pupils. In addition to the authority granted in section 167.171, a school board may authorize, by general rule, the immediate removal of a pupil upon a finding by the principal, superintendent, or school board that the pupil poses a threat of harm to such pupil or others, as evidenced by the prior conduct of such pupil. Prior disciplinary actions shall not be used as the sole basis for removal, suspension or expulsion of a pupil. Removal of any pupil who is a student with a disability is subject to state and federal procedural rights. At the hearing upon any such removal, suspension or expulsion, the board shall consider the evidence and statements that the parties present and may consider records of past disciplinary actions, criminal court records or juvenile court records consistent with other provisions of the law, or the actions of the pupil which would constitute a criminal offense. The board may provide by general rule not inconsistent with this section for the procedure and conduct of such hearings. After meeting with the superintendent or his designee to discuss the expulsion, the parent, custodian or the student, if at least eighteen years of age, may, in writing, waive any right to a hearing before the board of education.

     2. The school board of any district, after notice to parents or others having custodial care and a hearing upon the matter, may suspend a pupil upon a finding that the pupil has been charged, convicted or pled guilty in a court of general jurisdiction for the commission of a felony criminal violation of state or federal law. At a hearing required by this subsection, the board shall consider statements that the parties present. The board may provide for the procedure and conduct of such hearings.

     3. The school board shall make a good-faith effort to have the parents or others having custodial care present at any such hearing.

     4. A school board may authorize, by general rule, the superintendent to assign or reassign a student who has been disruptive and who has interfered with the education of other pupils to a special educational program established by the school board for disruptive pupils.

     167.171. 1. The school board in any district, by general rule and for the causes provided in section 167.161, may authorize the summary suspension of pupils by principals of schools for a period not to exceed ten school days and by the superintendent of schools for a period not to exceed one hundred and eighty school days. In case of a suspension by the superintendent for more than ten school days, the pupil, the pupil's parents or others having such pupil's custodial care may appeal the decision of the superintendent to the board or to a committee of board members appointed by the president of the board which shall have full authority to act in lieu of the board. Any suspension by a principal shall be immediately reported to the superintendent who may revoke the suspension at any time. In event of an appeal to the board, the superintendent shall promptly transmit to it a full report in writing of the facts relating to the suspension, the action taken by the superintendent and the reasons therefor and the board, upon request, shall grant a hearing to the appealing party to be conducted as provided in section 167.161.

     2. No pupil shall be suspended unless:

     (1) The pupil shall be given oral or written notice of the charges against such pupil;

     (2) If the pupil denies the charges, such pupil shall be given an oral or written explanation of the facts which form the basis of the proposed suspension;

     (3) The pupil shall be given an opportunity to present such pupil's version of the incident; and

     (4) In the event of a suspension for more than ten school days, where the pupil gives notice that such pupil wishes to appeal the suspension to the board, the suspension shall be stayed until the board renders its decision, unless in the judgment of the superintendent of schools, or of the district superintendent, the pupil's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the pupil may be immediately removed from school, and the notice and hearing shall follow as soon as practicable.

     3. No school board shall readmit or enroll a pupil properly suspended for more than ten consecutive school days for an act of school violence as defined in subsection 2 of section 160.261, RSMo, or suspended or expelled pursuant to this section or section 167.161 or otherwise permit such pupil to attend school without first holding a conference to review the conduct that resulted in the expulsion or suspension and any remedial actions needed to prevent any future occurrences of such or related conduct. The conference shall include the appropriate school officials including any teacher employed in that district directly involved with the conduct that resulted in the suspension or expulsion, the pupil, the parent or guardian of the pupil or any agency having legal jurisdiction, care, custody or control of the pupil. The school board shall notify in writing the parents or guardians and all other parties of the time, place, and agenda of any such conference. Failure of any party to attend this conference shall not preclude holding the conference. [Notwithstanding any provision of this subsection to the contrary] Except as otherwise provided in subsection 5 of this section, no pupil shall be readmitted or enrolled if:

     (1) Such pupil has been convicted of; or

     (2) An indictment or information has been filed alleging that the pupil has committed one of the acts enumerated in subdivision (4) of this subsection to which there has been no final judgment; or

     (3) A petition has been filed pursuant to section 211.091, RSMo, alleging that the pupil has committed one of the acts enumerated in subdivision (4) of this subsection to which there has been no final judgment; or

     (4) The pupil has been adjudicated to have committed an act which if committed by an adult would be one of the following:

     (a) First degree murder under section 565.020, RSMo;

     (b) Second degree murder under section 565.021, RSMo;

     (c) First degree assault under section 565.050, RSMo;

     (d) Forcible rape under section 566.030, RSMo;

     (e) Forcible sodomy under section 566.060, RSMo;

     (f) Robbery in the first degree under section 569.020, RSMo;

     (g) Distribution of drugs to a minor under section 195.212, RSMo;

     (h) Arson in the first degree under section 569.040, RSMo;

     (i) Kidnapping, when classified as a class A felony under section 565.110, RSMo. Nothing in this subsection shall prohibit the readmittance or enrollment of any pupil if a petition has been dismissed, or when a pupil has been acquitted or adjudicated not to have committed any of the above acts. This subsection shall not apply to a student with a disability, as identified under state eligibility criteria, who is convicted or adjudicated guilty as a result of an action related to the student's disability.

     4. If a pupil is attempting to enroll in a school district during a suspension or expulsion from another school district, a conference with the superintendent or the superintendent's designee may be held at the request of the parent, court appointed legal guardian, someone acting as a parent as defined by rule in the case of a special education student, or the pupil to consider if the conduct of the pupil would have resulted in a suspension or expulsion in the district in which the pupil is enrolling. Upon a determination by the superintendent or the superintendent's designee that such conduct would have resulted in a suspension or expulsion in the district in which the pupil is enrolling or attempting to enroll, the school district may make such suspension or expulsion from another district effective in the district in which the pupil is enrolling or attempting to enroll. Upon a determination by the superintendent or the superintendent's designee that such conduct would not have resulted in a suspension or expulsion in the district in which the student is enrolling or attempting to enroll, the school district shall not make such suspension or expulsion effective in its district in which the student is enrolling or attempting to enroll.

     5. A school board may readmit a pupil who has been suspended to the regular classroom program or to a special program if the school board determines that the suspension and any other remedial actions are sufficient to prevent any future occurrences of the conduct which caused the suspension.