Section 167.019

Title XI EDUCATION AND LIBRARIES

Chapter 167

Effective - 28 Aug 2023, 2 histories   

  167.019.  Placement decisions, agencies to consider foster child's school attendance area — right to remain in certain districts — course work to be accepted — graduation requirements — rulemaking authority. — 1.  (1)  A child-placing agency, as defined under section 210.481, shall promote educational stability for foster care children by considering the child's school attendance area when making placement decisions.  The foster care pupil shall have the right to remain enrolled in and attend his or her school of origin pending resolution of school placement disputes or to return to a previously attended school in an adjacent district.

  (2)  In the event that a best interest determination is not completed within ten days of a child's being placed in a foster care placement that is located in a school district other than the child's domicile school district prior to such placement, it shall be deemed that enrollment in the school district where the child resides as a result of such placement shall be in the best interest of the child for the purpose of the required best interest determination.  This subdivision shall apply only to cases where the distance between the child's residential address as a result of the foster care placement and the school building that was the child's previous school in their domicile district is more than ten miles, or fifteen miles if the child is receiving service from a special school district established under the provisions of sections 162.670 to 162.999.

  2.  Each school district shall accept for credit full or partial course work satisfactorily completed by a pupil while attending a public school, nonpublic school, or nonsectarian school in accordance with district policies or regulations.

  3.  If a pupil completes the graduation requirements of his or her school district of residence while under the jurisdiction of the juvenile court as described in chapter 211, the school district of residence shall issue a diploma to the pupil.

  4.  School districts shall ensure that if a pupil in foster care is absent from school due to a decision to change the placement of a pupil made by a court or child placing agency, or due to a verified court appearance or related court-ordered activity, the grades and credits of the pupil shall be calculated as of the date the pupil left school, and no lowering of his or her grades shall occur as a result of the absence of the pupil under these circumstances.

  5.  School districts, subject to federal law, shall be authorized to permit access of pupil school records to any child placing agency for the purpose of fulfilling educational case management responsibilities required by the juvenile officer or by law and to assist with the school transfer or placement of a pupil.

  6.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.

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(L. 2009 H.B. 154 merged with S.B. 291, A.L. 2023 H.B. 447)