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Title XI EDUCATION AND LIBRARIES

Chapter 167

Effective - 28 Aug 2007, 3 histories, see footnote (history) bottom

  167.121.  Assignment of pupil to another district — tuition, how paid, amount — lapsed, unaccredited, and provisionally unaccredited districts, enrollment in virtual school permitted. — 1.  If the residence of a pupil is so located that attendance in the district of residence constitutes an unusual or unreasonable transportation hardship because of natural barriers, travel time, or distance, the commissioner of education or his designee may assign the pupil to another district.  Subject to the provisions of this section, all existing assignments shall be reviewed prior to July 1, 1984, and from time to time thereafter, and may be continued or rescinded.  The board of education of the district in which the pupil lives shall pay the tuition of the pupil assigned.  The tuition shall not exceed the pro rata cost of instruction.

  2.  (1)  For the school year beginning July 1, 2008, and each succeeding school year, a parent or guardian residing in a lapsed public school district or a district that has scored either unaccredited or provisionally accredited, or a combination thereof, on two consecutive annual performance reports may enroll the parent's or guardian's child in the Missouri virtual school created in section 161.670 provided the pupil first enrolls in the school district of residence.  The school district of residence shall include the pupil's enrollment in the virtual school created in section 161.670 in determining the district's average daily attendance.  Full-time enrollment in the virtual school shall constitute one average daily attendance equivalent in the school district of residence.  Average daily attendance for part-time enrollment in the virtual school shall be calculated as a percentage of the total number of virtual courses enrolled in divided by the number of courses required for full-time attendance in the school district of residence.

  (2)  A pupil's residence, for purposes of this section, means residency established under section 167.020. Except for students residing in a K-8 district attending high school in a district under section 167.131, the board of the home district shall pay to the virtual school the amount required under section 161.670.

  (3)  Nothing in this section shall require any school district or the state to provide computers, equipment, internet or other access, supplies, materials or funding, except as provided in this section, as may be deemed necessary for a pupil to participate in the virtual school created in section 161.670.

  (4)  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, 2007, shall be invalid and void.

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(L. 1963 p. 200 § 8-12, A.L. 1973 H.B. 158, A.L. 1979 H.B. 280, A.L. 1983 H.B. 815, A.L. 2007 S.B. 64)

(Source: RSMo 1959 § 161.093)

(1973) Accessibility is sole consideration and financial effect on school district is not an item to be considered. Haymart v. Freiberger (A.), 498 S.W.2d 590.

(1977) Mandamus generally will not lie to control discretionary action by school board but may require board to exercise its discretion. State ex rel. Seidl v. Jefferson City Board of Education (A.), 548 S.W.2d 853.


---- end of effective   28 Aug 2007 ----

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167.121 7/1/2019
167.121 8/28/2018 7/1/2019
167.121 8/28/2007 8/28/2018

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