SB 1496 - This act creates, repeals, and modifies provisions relating to elementary and secondary education. MISSOURI EMPOWERMENT SCHOLARSHIP ACCOUNTS PROGRAM (Sections 135.712, 135.713, 135.715, 135.716, 160.410, 160.415, 166.700, and 166.720) The act authorizes the General Assembly to fund student scholarships through the Missouri Empowerment Scholarship Accounts Program by appropriating funds to the Missouri Empowerment Scholarship Accounts fund. Such scholarships shall be awarded in an order and in amounts established in current law and shall be governed through parent agreements with educational assistance organizations as provided in current law. No provision of law relating to the Missouri Empowerment Scholarship Accounts Program shall be construed to limit the appropriation authority of the General Assembly. (Sections 135.712 and 135.716) The cumulative amount of tax credits that may be allocated in any one calendar year is doubled, increasing from $75 million to $150 million. (Section 135.713) There shall be a maximum of 15 educational assistance organizations, rather than 10, in any school year. No more than 11 of such organizations, rather than 7, shall have their principal place of business in Greene County, Jackson County, St. Charles County, St. Louis County, or the City of St. Louis. (Section 135.715) Where capacity is available, a charter school shall enroll all students who transfer under the Missouri Empowerment Scholarship Accounts Program. A charter school may receive tuition payments from such students. (Sections 160.410 and 160.415) The definition of "qualified student" is modified by repealing provisions requiring students to have an individualized education plan developed under federal law or to be a member of a household with a total annual income that does not exceed 300% of the income standard used to qualify for free and reduced price lunches. (Section 166.700) The act repeals a provision allowing school districts and charter schools to continue including students in the calculation of the district's or school's weighted average daily attendance for up to five years after the student receives an empowerment scholarship and leaves the school district or charter school. (Section 166.720) CHARTER SCHOOLS (Sections 160.400, 160.405, 160.410, and 160.415) Under this act, charter schools may be operated in any school district in the state. The act repeals provisions limiting charter schools to certain school districts and provisions relating to the accreditation status of school districts in which a charter school may operate. (Section 160.400) The proposed charter of a charter school sponsored and approved by the Missouri Charter Public School Commission shall not require the approval of the State Board of Education. (Section 160.405) The act repeals provisions restricting certain state aid payments only to those charter schools in certain school districts. (Section 160.415) Where capacity is available, a charter school shall enroll all students who transfer under the Missouri Empowerment Scholarship Accounts Program or who enroll under provisions of the act authorizing student transfers among school districts and charter schools. A charter school may receive tuition payments from such students. (Sections 160.410 and 160.415) SCHOOL PROPERTY (Sections 160.422 and 162.092) Under this act, cities, counties, and school districts (defined as "political subdivisions") shall not adopt or enforce any ordinance, policy, or resolution that prevents property they sell, lease, or transfer from being used by a charter school for any lawful educational purpose. The act also prohibits any deed restriction, property use restriction, or other such restriction that limits property to specific uses that exclude use by a charter public school for any lawful educational purpose. Any existing restriction that bars property previously used for educational purposes from being used for future educational purposes by a charter school is void. Any ordinance, policy, regulation, deed, use restriction, or contract made in violation of this act is void from its inception. (Section 160.422) This provision is substantially similar to a provision in SB 1273 (2026) and is similar to provisions in SB 398 (2025), HB 447 (2025), HB 1044 (2025), SB 1006 (2024), SB 1123 (2024), HB 2088 (2024), HB 2178 (2024), SB 304 (2023), SB 650 (2022), HB 2087 (2022), SCS/SB 55, 25, & 23 (2021), SB 315 (2021), HCS/HB 137 (2021), HB 322 (2021), HB 729 (2021), SB 649 (2020), SB 603 (2020), HB 1917 (2020), SB 51 (2019), SCS/SB 271 (2019), SS#2/SCS/SB 292 (2019), SCS/HB 485 (2019), HCS/SS/SB 218 (2019), HCS/HB 581 (2019), and HCS/HB 924 (2019). Additionally, when a school district offers to sell or lease an unused school building or facility that is not being used for academic, extracurricular, administrative, or athletic purposes, and that either has no approved plan for future use or has a plan that has not been carried out within two years, the contract shall include a right of first refusal allowing a public entity to purchase or lease the property first. The term "public entity" includes the state of Missouri and any of its political subdivisions, such as cities, counties, boards, agencies, or authorities. If the school district accepts an offer to sell or lease the unused building or facility to a non-public entity, such district shall post a public notice on its website stating that the property is available. The public notice shall include the property's square footage, the district's contact information, and a statement that the right of first refusal expires 60 days after this notification. If multiple public entities express interest in the unused building or facility, the school district shall decide which entity shall purchase or lease the property. During negotiations, the school district may choose whether to sell or lease the property, at fair market value or less. A lease shall allow reasonable access and use of shared common areas. If a public entity leases the entire facility and incurs debt to make improvements, the school district shall subordinate its lease interest to that debt. The public entity shall have six months from the date of its written offer to complete the purchase or lease. While leasing, the public entity shall be responsible for all direct expenses, including utilities, insurance, maintenance, property taxes, and repairs. If a public entity later decides to sell a facility it purchased from a school district, such public entity shall first offer the property back to that district, following the same procedures set forth in the act. (Section 162.092) This provision is similar to a provision in SB 1273 (2026). STUDENT TRANSFERS (Sections 160.410, 160.415, 167.241, 167.895, and 167.898) Current law authorizes students who reside in an unaccredited school district to transfer to an accredited school district in the same or an adjoining county under certain conditions. This act repeals and modifies provisions limiting these transfers to students in unaccredited school districts. Under the act, any student may transfer to another public school or charter school, including transfers from a student's district of residence ("sending district") to a public school in a nonresident district ("receiving district"), beginning in the 2027-28 school year and in all subsequent school years. Each school board shall adopt a policy to determine its transfer capacity for each grade level and school no later than October 27, 2026. The policy shall be publicly posted on the school district's website. By July 15, 2027, and by the first of each month thereafter, each school district shall report to the Department of Elementary and Secondary Education (DESE) the number of available enrollment slots by grade level and school and the school district's average per pupil expenditure. This information shall also be published in a prominent and publicly accessible place on the school district's website. DESE shall publish and update each school district's transfer capacity on an online portal accessible via the DESE website. The portal shall be updated at least monthly and shall include a search function for users to identify schools with capacity to accept transfer students near their home address. Parents of students who wish to transfer shall notify DESE by August 1, 2027, and by the first day of each month thereafter, and DESE shall assign students to a receiving district or charter school as provided in the act. A receiving district shall accept all students who apply and are assigned to the district, so long as there is capacity for each student. School board policies shall not discriminate against any transfer student on the basis of such student's residential address, academic performance, athletic ability, disability, race, ethnicity, sex, or free and reduced price lunch status. If a request for transfer is denied, an appeal may be taken to the State Board of Education by sending the appeal by certified mail to the superintendent of the receiving school district and to the State Board of Education. Any appeal not heard by the State Board of Education within 60 calendar days shall be deemed granted with immediate effect. DESE shall develop forms for filing appeals, and the State Board of Education shall promulgate rules to establish the appeals process. The act repeals provisions requiring sending districts to make tuition payments to receiving districts. Instead, for purposes of calculating state and federal aid, each transfer student shall be counted as a resident of the receiving district in which the student is enrolled. Tuition shall not be charged to any student or to his or her parent or legal guardian. If the receiving district is part of a special school district, the sending district shall contract with the special school district for the entirety of the costs to provide special education and related services, excluding transportation. The special school district may contract with a sending district for transportation, or the sending district may provide transportation on its own. The act outlines school districts' responsibilities for the provision of special education and related services to students with disabilities. A special school district shall continue to provide special education and related services, excluding transportation, to students with disabilities who transfer to another school within the special school district. If the sending district is a metropolitan school district, it shall remain responsible for providing special education and related services, including transportation, to students with disabilities who transfer to a receiving district. A special school district in an adjoining county to a metropolitan school district may contract with the metropolitan school district for the reimbursement of special education and related services provided by the special school district for transfer students. A receiving district that is not part of a special school district shall not be responsible for providing transportation to transfer students, regardless of whether transportation is identified as a related service within a student's individualized education program. A sending district may contract with a receiving district that is not part of a special school district for transportation of students with disabilities. A seven-director or urban school district may contract with a receiving district that is not part of a special school district in the same or an adjoining county for the reimbursement of special education and related services provided by the receiving district. (Sections 167.895 and 167.898) Where capacity is available, a charter school shall enroll all students who transfer under these provisions. A charter school may receive tuition payments from such students. (Sections 160.410 and 160.415) DESE shall designate at least one receiving district or charter school to which each sending district shall provide transportation. A sending district shall be required to provide transportation only to the school district or charter school designated by DESE. (Section 167.241) These provisions are similar to SCS/SBs 215 & 70 (2025). ADMINISTRATOR CERTIFICATION (Section 168.189) Under this act, a school district may consider, but may not require, any criteria greater than that which is necessary to obtain a Missouri initial administrator certificate under rules promulgated by the State Board of Education. A school district may employ such an individual if the individual holds a master's degree or its equivalent and has at least eight years of experience in an executive role with responsibilities described in the act, and if a waiver specific to the applicant has been granted to the school district for this purpose. Such a waiver shall be valid for no longer than three years and eligible for renewal once. Upon conclusion of the maximum six year waiver period, the State Board of Education may grant the applicant a permanent certificate to serve as an administrator in any school district in the state. OLIVIA SHANNON