Effective - 28 Aug 2021
166.720. Government control or supervision over qualified schools prohibited, when — qualified schools not agents of state — transfer of student, effect of. — 1. Sections 166.700 to 166.720 shall not be construed to permit any governmental agency to exercise control or supervision over any qualified school in which a qualified student enrolls other than a qualified school that is a public school.
2. A qualified school, other than a qualified school that is a public school, that accepts a payment from a parent under sections 166.700 to 166.720 shall not be considered an agent of the state or federal government due to its acceptance of the payment.
3. A qualified school shall not be required to alter its creed, practices, admissions policy, or curriculum in order to accept students whose parents pay tuition or fees from a Missouri empowerment scholarship account to participate as a qualified school.
*4. (1) Any qualified student receiving a Missouri empowerment scholarship who leaves a public school or charter school, as such terms are defined in chapter 160, in the qualified student's resident school district to enroll in a qualified school that is not the qualified student's resident school district shall continue to be counted in the resident public school or charter school's weighted average daily attendance as a resident student for the purposes of determining state and federal aid for the qualified student's resident school district or charter school.
(2) The qualified student will continue to be counted for such purpose as provided:
(a) For five years after the qualified student no longer attends school in the qualified student's resident school district;
(b) Until any calendar year that the qualified student no longer receives grant money in their scholarship account;
(c) Until the qualified student is counted in the weighted average daily attendance for a public school or charter that they are a resident student in; or
(d) Until the qualified student graduates.
(3) The educational assistance organization and the state treasurer shall provide the necessary information to the department of elementary and secondary education to allow the federal and state aid to continue to the public school or charter school in the qualified student's resident school district previously attended by the qualified student.
(4) The provisions of this subsection shall terminate five years after August 28, 2021.
5. In any legal proceeding challenging the application of sections 166.700 to 166.720 to a qualified school, the state shall bear the burden of establishing that the law is necessary and does not impose any undue burden on qualified schools.
6. The provisions of section 23.253 of the Missouri sunset act shall not apply to sections 166.700 to 166.720.
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(L. 2021 H.B. 349)
*Subsection 4 terminates 8-28-26.
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 166 - Permanent Funds and Trusts
Section 166.011 - Public school fund — source — disposition.
Section 166.031 - State treasurer to be custodian of fund — accounts — annual report.
Section 166.051 - School moneys fund — interest from investments credited to.
Section 166.061 - Gifts to public school fund.
Section 166.071 - Receipts for gifts to public school fund.
Section 166.081 - Instrument of conveyance, when recorded.
Section 166.091 - Disposition of property granted.
Section 166.111 - Liability of director of revenue.
Section 166.121 - State, the trustee.
Section 166.141 - County treasurer to collect funds — receipts — penalty for violation.
Section 166.151 - Petition to distribute county school fund.
Section 166.400 - Citation of law.
Section 166.410 - Definitions.
Section 166.421 - Income tax refund, contribution to education savings account — election, how made.
Section 166.425 - Board to invest funds, use of funds — not deemed income, when.
Section 166.430 - Cancellation of agreement, results — penalty.
Section 166.435 - State tax exemption.
Section 166.440 - Assets not state property.
Section 166.445 - Rules, invalid, when.
Section 166.450 - Review of program.
Section 166.455 - Funds not state revenues.
Section 166.456 - Confidentiality of information.
Section 166.500 - Citation of law.
Section 166.501 - Program established as alternative to Missouri education program.
Section 166.502 - Definitions.
Section 166.511 - Prompt investment of moneys paid by participation agreements, use of moneys.
Section 166.514 - Cancellation of agreements, penalty.
Section 166.517 - Assets used for program purposes only.
Section 166.520 - Rulemaking authority.
Section 166.523 - Review of program by state auditor, when.
Section 166.526 - Program moneys not part of total state revenues.
Section 166.529 - Confidentiality requirements.
Section 166.700 - Definitions.
Section 166.715 - Misuse of moneys, penalty — financial institutions immunity from liability, when.