Effective - 28 Aug 2011
162.1060. Transfer corporation, board, powers and duties, funding — termination of corporation, funds to lapse to general revenue — regional attendance zones. — 1. There is hereby established a "Metropolitan Schools Achieving Value in Transfer Corporation", which shall be a public body corporate, for the purpose of implementing an urban voluntary school transfer program within a program area which shall include a city not within a county and any school district located in whole or in part in a county with a population in excess of nine hundred thousand persons which district chooses to participate. The corporation shall be governed by a board of directors consisting of one representative from each school district that participates in the urban voluntary school transfer program selected by the governing body of each such district. The vote of each member of the board shall be weighted proportionately to the percentage of the total of transfer students who attend school in the member's district.
2. (1) The corporation's board of directors shall design and operate an urban voluntary school transfer program for all participating districts. The board shall make provision for transportation of all the students and for payment to school districts for the education of such students. Acceptance of students into the program shall be determined by policies enacted by the corporation's board of directors, provided that first preference for acceptance of students shall be granted to students currently attending a district other than the district of residence pursuant to a voluntary transfer program established pursuant to federal desegregation order, decree or agreement. All provisions of this section shall be subject to a settlement incorporated into a final judgment, provided that the financial provisions of this section shall not be superseded by such settlement.
(2) Each district, other than a metropolitan school district, participating in an urban voluntary school transfer program shall place before voters in the district a proposal to continue participation in the urban voluntary school transfer program at the April election during the sixth year of operation of the program. Unless a majority of district voters voting thereon votes to continue participation in the program, each district, other than a metropolitan school district, shall file a plan, no later than the end of the seventh year of the operation of the program, for phase-out of the district's participation in the program, and such plan shall be provided to the state board of education, the transitional school district and the board of directors of the corporation. Each such plan shall provide for elimination of transfers to the district pursuant to this section no later than the following schedule:
(a) The ninth year of the program for grades one through three;
(b) The tenth year of the program for grades four through six;
(c) The eleventh year of the program for grades seven through nine; and
(d) The twelfth year of the program for grades ten through twelve.
3. (1) Other provisions of law to the contrary notwithstanding, each student participating in the program shall be considered an eligible pupil of the district of residence for the purpose of distributing state aid, except that students attending school in a metropolitan school district in a program established pursuant to this section shall be considered eligible pupils of the district attended, and provided that the department shall determine the increased state aid eligibility created by including pupils attending school in a program established pursuant to this section as eligible pupils of the district of residence and shall distribute the full amount of such state aid to the metropolitan schools achieving value in transfer corporation and shall not distribute state aid on the basis of such pupils to the district of residence.
(2) For each student participating in the program, the corporation shall receive the total of all state and federal aid that would otherwise be paid to the student's district of residence, including, but not limited to, state aid provided pursuant to section 148.360, section 149.015, and sections 163.031 and 163.087. The corporation shall pay a school district that receives a nonresident student from the funds of the corporation in accordance with the provisions of this section and agreements between the corporation and the participating school districts.
4. (1) In each of the first two fiscal years, the corporation shall also receive a payment of twenty-five million dollars.
(2) For the third year of operation and thereafter, the corporation shall receive transportation state aid, for each student that participates in the program, which shall be in the same amount and on the same basis as would be received by the student's district of residence if the student were attending a school in the attendance zone in the student's district of residence, provided that such reimbursement shall not exceed one hundred fifty-five percent of the statewide average per pupil cost for transportation for the second preceding school year.
(3) Funds received by the corporation pursuant to this subsection may be used for any purpose and need not be expended in the year received.
5. The corporation created herein shall have all powers of a public body corporate, except that it shall have no paid employees. The corporation, by contract with any public entity, school district, or private entity, may retain the services of a fiscal agent, make provisions for accounting, transportation management, or other assistance that the corporation may need to carry out its functions, except that no contractor or employee of any contractor acting in a policy-making function shall have ever have been a contractor or employee of the voluntary interdistrict coordinating council or any other program established by the federal district court; except that this restriction shall not apply to transportation contractors or their employees. When a school district located in whole or in part in a county with a population in excess of nine hundred thousand persons ceases to participate in the urban public school transfer program, its representative shall be removed from the corporation's board of directors. When none of the students who reside in a school district in a city not within a county opt to participate in the program, the school district's representative shall be removed from the board of directors. When all of the school districts have ended their participation in the program, in accordance with this subsection, the corporation's operations shall cease, and any funds of the corporation remaining shall be paid to the state of Missouri to the credit of the general revenue fund, except such amounts as the commissioner of education shall determine should be paid to particular school districts under the regulations applicable to federal programs or returned to the federal government.
6. All funds received by the corporation shall become funds of the corporation and paid for the purposes set forth in this section and in accordance with agreements entered into between the corporation and participating school districts and other entities, provided that funds received for particular purposes, under federal or state categorical programs benefitting individual students, shall be paid to the district or entity providing services to the students entitled to such services. The proportionate share of federal and state resources generated by students with disabilities, or the staff serving them, shall be paid to the district where the child is attending school, unless the district of residence is required by law to provide such services to the individual students, except that a special school district containing the district where the child is attending school shall be paid for all unreimbursed expenses for special education services provided to students with disabilities. Funds held by the corporation at the close of a fiscal year may be carried over and utilized by the corporation in subsequent fiscal years for the purposes set forth in this section.
7. The board of directors may establish regional attendance zones which map the regions of a district in a city not within a county to corresponding recipient districts within the remainder of the program area. In establishing the regional attendance zones, the board of directors may solicit comments and suggestions from residents of the program area and may adopt one or more regional attendance zones previously established in the program area pursuant to a federal court desegregation order, decree or agreement.
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(L. 1998 S.B. 781, A.L. 2011 H.B. 464)
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 162 - School Districts
Section 162.014 - Registered sex offenders prohibited from being school board candidates.
Section 162.031 - Division or addition to district — apportionment of property and obligations.
Section 162.051 - Special board meetings, how called — notice.
Section 162.058 - Community engagement policy, requirements.
Section 162.063 - School districts may provide hospital and medical coverage for students, when.
Section 162.064 - Bus drivers, medical endorsement required, when.
Section 162.065 - Bus driver training required.
Section 162.073 - Definitions.
Section 162.085 - Lapse of district upon withdrawal of provisional accreditation.
Section 162.152 - Section of district reorganization created — duties.
Section 162.171 - Reorganization plans may be proposed.
Section 162.181 - Reorganization, procedure.
Section 162.191 - Election in proposed district.
Section 162.201 - Certification of election results.
Section 162.202 - Consolidation of two or more school districts, tax rate ceiling how calculated.
Section 162.204 - Permanent records, digital or electronic format permitted.
Section 162.208 - Internet websites, required postings.
Section 162.211 - Seven-director district, who may establish.
Section 162.212 - Six-director school district to be known as seven-director school district.
Section 162.215 - School officers may be commissioned to enforce certain criminal laws.
Section 162.221 - Seven-director district, procedure to organize.
Section 162.231 - Failure to approve proposed district — effect.
Section 162.241 - Election of directors in newly formed district — costs of election, how paid.
Section 162.281 - Candidate to declare for term of specific number of years, when.
Section 162.291 - Directors — election — qualifications.
Section 162.301 - Organization of board — quorum — officers.
Section 162.311 - Name of district adopted, when — seal required.
Section 162.321 - Change of district name — effect.
Section 162.341 - Annual election, when held.
Section 162.351 - Election commissioners to conduct elections in certain districts.
Section 162.371 - Secretary to issue certificates.
Section 162.381 - Conduct of special elections.
Section 162.401 - Treasurer's bond.
Section 162.411 - Board may employ attorney.
Section 162.441 - Annexation — procedure, alternative — form of ballot.
Section 162.451 - Dissolution of district.
Section 162.461 - Corporate powers of urban districts.
Section 162.471 - Board of directors — qualifications, terms, vacancies.
Section 162.501 - Secretary to issue certificates of election.
Section 162.511 - Duties, restrictions and liabilities of the board — quorum — seal.
Section 162.521 - Selection of officers of the board — terms — removal.
Section 162.531 - Duties of the secretary — bond.
Section 162.541 - Bond of treasurer.
Section 162.551 - Compensation of treasurer and secretary.
Section 162.571 - Corporate powers of metropolitan district — board of education, powers.
Section 162.591 - Organization of board — board to appoint acting superintendent, when.
Section 162.603 - Nominations — procedure.
Section 162.611 - Failure to attend board meetings, effect — vacancies, how filled.
Section 162.621 - Powers and duties of board of education — special administrative board.
Section 162.631 - Jurisdiction of circuit court over board — how exercised.
Section 162.641 - Treasurer, duties — bond.
Section 162.651 - Testimony taken in board's investigations to be under oath.
Section 162.661 - Annual report of the board.
Section 162.666 - St. Louis students' bill of rights.
Section 162.670 - Statement of policy.
Section 162.675 - Definitions.
Section 162.680 - Disabled children to be educated with others whenever possible.
Section 162.685 - Hearings by state board on adoption of standards and regulations.
Section 162.686 - Audio recording of meetings not to be prohibited — violation, penalty.
Section 162.690 - Advisory committees authorized — how appointed.
Section 162.710 - Transportation, how provided.
Section 162.722 - Acceleration of students, subject or whole grade, when.
Section 162.740 - District of residence to pay toward cost, when — amount, how calculated.
Section 162.756 - Transportation by common carriers for students of schools for the blind and deaf.
Section 162.760 - Additional personnel of state board, appointment of.
Section 162.770 - Reports by superintendents of state schools for deaf and blind required, when.
Section 162.785 - State board authorized to acquire property and to receive and administer grants.
Section 162.795 - Boards of advisors, terms, appointment, duties, meetings.
Section 162.800 - Board of advisors — compensation and expenses of members.
Section 162.805 - State and area advisory committees, how appointed — tenure.
Section 162.810 - Employees not to have interest in sales to schools, penalty.
Section 162.820 - Preexisting special districts covered by sections 162.670 to 162.995.
Section 162.821 - District secretary, duties of — report, contents of.
Section 162.825 - Special district, procedure to establish.
Section 162.830 - Special district may include one or more school districts.
Section 162.840 - Form of ballot.
Section 162.841 - Records to be kept — changes to be reported.
Section 162.845 - Organization election results, how determined — election of directors, when.
Section 162.855 - Board of education of a special school district, duties and powers.
Section 162.859 - Board members to file financial interest statements.
Section 162.860 - Candidates for board, qualifications — filing for office, where.
Section 162.865 - Election at large — terms of office.
Section 162.870 - Results, how certified.
Section 162.875 - District a body corporate and a political subdivision — powers granted.
Section 162.880 - Establishment of schools, when.
Section 162.885 - Determination of eligibility of child, how made.
Section 162.895 - Vocational training to be provided.
Section 162.900 - Transportation of students required — state transportation aid authorized.
Section 162.905 - Cooperative activities authorized.
Section 162.910 - Election of board members — term — declarations of.
Section 162.915 - Acquisition of property — condemnation powers — sites, how selected.
Section 162.920 - Tax rate — how increased.
Section 162.930 - Approval for state aid, how obtained.
Section 162.935 - State aid, how computed.
Section 162.940 - Tuition fees, how set — who shall pay.
Section 162.945 - Notice to parent or guardian of diagnosis — contents of notice.
Section 162.958 - Law in effect at time of request to be utilized.
Section 162.962 - Decision subject to review, when, procedure.
Section 162.963 - Rights of parties — record of proceedings, how kept — costs, how paid.
Section 162.974 - Reimbursement for education costs of high-need children.
Section 162.997 - Surrogates appointed, when — state board of education, duties — definitions.
Section 162.998 - Board of education to be notified of need of surrogate, when, appointment, when.
Section 162.1040 - Citation of law — not applicable to certain districts.
Section 162.1042 - Definitions.
Section 162.1045 - State board of education to develop guidelines for enrollment option plan.
Section 162.1049 - Nonresident district and resident district to accept each other's credits.
Section 162.1052 - Rejection of admission of a nonresident by nonresident district, when.
Section 162.1059 - Federal court ordering desegregation court order to govern enrollment option.
Section 162.1061 - Transfer corporations (metropolitan schools), computation of state aid.
Section 162.1130 - Definitions.
Section 162.1139 - Joint referral service developed, rehabilitation services.
Section 162.1142 - Blindness skills specialist fund created.
Section 162.1195 - Fine arts, professional development education assistance.
Section 162.1255 - Funding for competency-based courses — amount.