Section 167.790

Title XI EDUCATION AND LIBRARIES

Chapter 167

Effective - 28 Aug 2025, see footnote   

  167.790.  Events and activities, participation by FPE, home, and virtual school students — disciplinary policies — eligibility requirements. — 1.  As used in this section, the following terms mean:

  (1)  "Athletics", any interscholastic athletic games, contests, programs, activities, exhibitions, or other similar competitions for students;

  (2)  "Event or activity", athletics, fine arts activities, integrated cocurricular activities, or other extracurricular occurrences directly related to such athletics, fine arts activities, or integrated cocurricular activities that are sponsored, organized, or provided for students by a school district, charter school, or attendance center of a school district;

  (3)  "Fine arts activities", any student activities that include dance, theater, vocal music, performance of music, or visual arts;

  (4)  "FPE school", as such term is defined in section 167.013;

  (5)  "Full-time equivalent student", as such term is defined in section 161.670;

  (6)  "Home school", as such term is defined in section 167.012;

  (7)  "Integrated cocurricular activities", activities that are outside of the regular school curriculum but complement and supplement such curriculum.

  2.  A school district or charter school shall not be a member of, or remit any funds to, any statewide activities association that would cause such school district or charter school to violate the provisions of this section.

  3.  Except as otherwise provided in subsections 4 and 5 of this section, a school district or charter school shall not:

  (1)  Prohibit a student who is receiving instruction at an FPE school, a home school, or at a virtual school as a full-time equivalent student from having the opportunity to participate, contingent upon the successful completion of a tryout if applicable, in any event or activity offered by the charter school or by the school district or an attendance center of the school district in which the student resides for any reason relating to such student's FPE, home, or virtual instruction; or

  (2)  Require a student who is receiving instruction at an FPE school, a home school, or at a virtual school as a full-time equivalent student to attend any class or to attend a charter school or public school for any portion of a school day in order to participate in any event or activity offered by the charter school or by the school district or an attendance center of the school district in which the student resides.

  4.  The provisions of subsection 3 of this section shall not be construed to prohibit a school district or charter school from requiring students to participate in any components of instruction required for participation in:

  (1)  Fine arts activities with integral components of instruction provided during a course held during the school day;

  (2)  Career and technical student organizations where applied learning and engagement are integral components of instruction for an approved career and technical education program in Missouri; or

  (3)  Integrated cocurricular activities requiring students to participate in appropriate coursework and preparation of their related activities during the school day.

  5.  (1)  A school district or charter school may establish a disciplinary policy or an attendance policy, or both, for any required coursework, rehearsals, practice sessions, or training sessions that are directly related to and required for trying out for or participation in an event or activity offered by the charter school or by the school district or an attendance center of the school district.

  (2)  A school district or charter school shall apply such disciplinary policy or attendance policy that is directly related to and required for trying out for or participation in the same manner to all students who try out for or participate in the event or activity to which the policy applies.

  (3)  A school district or charter school shall neither establish nor apply a separate disciplinary policy or attendance policy, or any provision thereof, for students who receive instruction at an FPE school, a home school, or at a virtual school as a full-time equivalent student.

  6.  If a student whose academic performance or disciplinary status would preclude such student from eligibility to participate in any extracurricular event or activity in the student's charter school or resident school district disenrolls from such charter school or school district in order to receive instruction at an FPE school, a home school, or at a virtual school as a full-time equivalent student, such student shall not be eligible to participate in a charter school or public school event or activity in the charter school or school district of such student's disenrollment for twelve calendar months from the date of disenrollment.

  7.  The parent or legal guardian providing primary instruction of a student who is receiving instruction at an FPE school or a home school is responsible for oversight of academic standards directly relating to the student's participation in an event or activity offered by a charter school or school district or attendance center of a school district.

  8.  (1)  A student who is receiving instruction at an FPE school, a home school, or at a virtual school as a full-time equivalent student shall satisfy the following requirements in order to be eligible to try out for and, contingent upon the successful completion of a tryout if applicable, participate in a charter school or public school event or activity in the charter school or the student's school district of residence pursuant to the provisions of this section:

  (a)  Proof of the student's residency in the school district or within the boundaries of the applicable attendance center or charter school where the student seeks to participate in a public school or charter school event or activity shall be provided to such district or charter school pursuant to the provisions of section 167.020;

  (b)  The student shall provide a physical to participate in sports, including details on any underlying conditions relevant to such participation;

  (c)  The student shall adhere to the same behavior, responsibility, performance, and code of conduct standards directly related to the event or activity as those enrolled in the charter school or public school district; and

  (d)  The student shall fulfill the same financial requirements as those required of students enrolled in the charter school or public school district.

  (2)  Any records created or retained by a charter school, school district, or attendance center under this section shall not be disclosed by such charter school, district, or attendance center for any purpose except for compliance with federal or state law.

  9.  (1)  The term event or activity shall not be construed to include other extracurricular gatherings or special occasions sponsored, organized, or provided for students by a school district, charter school, or attendance center of a school district that are not athletics, fine arts activities, integrated cocurricular activities, or other extracurricular occurrences directly related to such athletics, fine arts activities, or integrated cocurricular activities.

  (2)  No charter school, school district, or attendance center of a school district shall be required to establish or prohibited from establishing a policy that includes or excludes the participation of a student who receives instruction at an FPE school, a home school, or at a virtual school as a full-time equivalent student in such other extracurricular gatherings or special occasions.

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(L. 2025 S.B. 63)