Missouri Revised Statutes
Chapter 167 - Pupils and Special Services
Section 167.126 - Children admitted to certain programs or facilities, right to educational services — school district, per pupil cost, payment — inclusion in average daily attendance, payments in lieu of taxes, when.

Effective - 28 Aug 2009, 2 histories
167.126. Children admitted to certain programs or facilities, right to educational services — school district, per pupil cost, payment — inclusion in average daily attendance, payments in lieu of taxes, when. — 1. Children who are admitted to programs or facilities of the department of mental health or whose domicile is one school district in Missouri but who reside in another school district in Missouri as a result of placement arranged by or approved by the department of mental health, the department of social services or placement arranged by or ordered by a court of competent jurisdiction shall have a right to be provided the educational services as provided by law and shall not be denied admission to any appropriate regular public school or special school district program or program operated by the state board of education, as the case may be, where the child actually resides because of such admission or placement; provided, however, that nothing in this section shall prevent the department of mental health, the department of social services or a court of competent jurisdiction from otherwise providing or procuring educational services for such child.
2. Each school district or special school district constituting the domicile of any child for whom educational services are provided or procured under this section shall pay toward the per-pupil costs for educational services for such child. A school district which is not a special school district shall pay an amount equal to the average sum produced per child by the local tax effort of the district of domicile. A special school district shall pay an amount not to exceed the average sum produced per child by the local tax efforts of the domiciliary districts.
3. When educational services have been provided by the school district or special school district in which a child actually resides, including a child who temporarily resides in a children's hospital licensed under chapter 197, for rendering health care services to children under the age of eighteen for more than three days, other than the district of domicile, the amounts as provided in subsection 2 of this section for which the domiciliary school district or special school district is responsible shall be paid by such district directly to the serving district. The school district, or special school district, as the case may be, shall send a written voucher for payment to the regular or special district constituting the domicile of the child served and the domiciliary school district or special school district receiving such voucher shall pay the district providing or procuring the services an amount not to exceed the average sum produced per child by the local tax efforts of the domiciliary districts. In the event the responsible district fails to pay the appropriate amount to the district within ninety days after a voucher is submitted, the state department of elementary and secondary education shall deduct the appropriate amount due from the next payments of any state financial aid due that district and shall pay the same to the appropriate district.
4. In cases where a child whose domicile is in one district is placed in programs or facilities operated by the department of mental health or resides in another district pursuant to assignment by that department or is placed by the department of social services or a court of competent jurisdiction into any type of publicly contracted residential site in Missouri, the department of elementary and secondary education shall, as soon as funds are appropriated, pay the serving district from funds appropriated for that purpose the amount by which the per-pupil costs of the educational services exceeds the amounts received from the domiciliary district except that any other state money received by the serving district by virtue of rendering such service shall reduce the balance due.
5. Institutions providing a place of residence for children whose parents or guardians do not reside in the district in which the institution is located shall have authority to enroll such children in a program in the district or special district in which the institution is located and such enrollment shall be subject to the provisions of subsections 2 and 3 of this section. The provisions of this subsection shall not apply to placement authorized pursuant to subsection 1 of this section or if the placement occurred for the sole purpose of enrollment in the district or special district. "Institution" as used in this subsection means a facility organized under the laws of Missouri for the purpose of providing care and treatment of juveniles.
6. Children residing in institutions providing a place of residence for three or more such children whose domicile is not in the state of Missouri may be admitted to schools or programs provided on a contractual basis between the school district, special district or state department or agency and the proper department or agency, or persons in the state where domicile is maintained. Such contracts shall not be permitted to place any financial burden whatsoever upon the state of Missouri, its political subdivisions, school districts or taxpayers.
7. For purposes of this section the domicile of the child shall be the school district where the child would have been educated if the child had not been placed in a different school district. No provision of this section shall be construed to deny any child domiciled in Missouri appropriate and necessary, gratuitous public services.
8. For the purpose of distributing state aid under section 163.031, a child receiving educational services provided by the district in which the child actually resides, other than the district of domicile, shall be included in average daily attendance, as defined under section 163.011, of the district providing the educational services for the child.
9. Each school district or special school district where the child actually resides, other than the district of domicile, may receive payment from the department of elementary and secondary education, in lieu of receiving the local tax effort from the domiciliary school district. Such payments from the department shall be subject to appropriation and shall only be made for children that have been placed in a school other than the domiciliary school district by a state agency or a court of competent jurisdiction and from whom excess educational costs are billed to the department of elementary and secondary education.
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(L. 1995 H.B. 174, et al., A.L. 1997 H.B. 641 & 593, A.L. 1999 H.B. 889 merged with S.B. 387, et al., A.L. 2005 S.B. 287, A.L. 2009 S.B. 291)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XI - Education and Libraries

Chapter 167 - Pupils and Special Services

Section 167.018 - Foster care education bill of rights — school district liaisons to be designated, duties.

Section 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.

Section 167.020 - Registration requirements — homeless child or youth defined — residency — hardship waiver — recovery of costs, when — records to be requested, provided, when — military relocation, remote registration permitted.

Section 167.022 - Request for records, placed pupils.

Section 167.023 - Affidavit of expulsion for certain offenses required for student admission — false statements, penalty.

Section 167.026 - Expungement of disciplinary records, exception.

Section 167.029 - School uniforms.

Section 167.031 - School attendance compulsory, who may be excused — nonattendance, penalty — home school, definition, requirements — school year defined — daily log, defense to prosecution — compulsory attendance age for the district defined.

Section 167.034 - Absences in St. Louis City reported to children's division, when, notification requirements — duties of children's division.

Section 167.042 - Home school, declaration of enrollment, contents — filing with recorder of deeds or chief school officer — fee.

Section 167.051 - Compulsory attendance of part-time schools.

Section 167.052 - Applicability of compulsory attendance and part-time school requirements for metropolitan school districts.

Section 167.061 - Penalty for violating compulsory attendance law.

Section 167.071 - School attendance officers in seven-director districts, powers and duties — powers of police officers in certain areas.

Section 167.091 - Truant or parental schools, establishment — attendance may be compelled — neglected children, attendance — support payments.

Section 167.101 - Certain persons may administer oaths and take affidavits — issuance of certificates.

Section 167.111 - Officials to enforce compulsory attendance law.

Section 167.113 - Compliance with federal laws relating to pupil rights required.

Section 167.115 - Juvenile officer or other law enforcement authority to report to superintendent, when, how — superintendent to report certain acts, to whom — notice of suspension or expulsion to court — superintendent to consult.

Section 167.117 - Principal, teachers, school employees to report certain acts, to whom, exceptions — limit on liability — penalty.

Section 167.121 - Assignment of pupil to another district, when — tuition, how paid, amount.

Section 167.122 - Placed pupils, notification of district, distribution of information.

Section 167.123 - Notification to superintendent, when, manner — responsibility of superintendent upon notification — confidentiality of information.

Section 167.125 - Assignment of certain students to another district, procedure — tuition — transportation routes. (St. Elizabeth, St. Albans, and Maries County).

Section 167.126 - Children admitted to certain programs or facilities, right to educational services — school district, per pupil cost, payment — inclusion in average daily attendance, payments in lieu of taxes, when.

Section 167.128 - Neglected and delinquent children, department not to aggregate data with regularly enrolled pupil data.

Section 167.131 - District not maintaining a high school through twelfth grade shall pay tuition and transportation, when — amount charged.

Section 167.132 - Tuition rate paid by sending district to receiving district — definitions — amount.

Section 167.141 - Amount deductible from per pupil cost in computing tuition to be added to apportionment of district of residence, when.

Section 167.151 - Admission of nonresident and other tuition pupils — certain pupils exempt from tuition — school tax credited against tuition — owners of agricultural land in more than one district, options, notice required, when — teachers, childre...

Section 167.161 - Suspension or expulsion of pupil — notice — hearing — felony violation, grounds for suspension.

Section 167.164 - Suspension or expulsion not to relieve duty to educate — district to pay costs of alternative education — voucher — district may contract for alternative education services.

Section 167.166 - Prohibition on strip searches, exceptions — strip search defined — violation, penalty — prohibition on removal of certain items not deemed disruptive.

Section 167.168 - Radio frequency identification technology, students not required to use identification device to monitor or track student location — definition.

Section 167.171 - Summary suspension of pupil — appeal — grounds for suspension — procedure — conference required, when — statewide suspension, when.

Section 167.181 - Immunization of pupils against certain diseases compulsory — exceptions — records — to be at public expense, when — fluoride treatments administered, when — rulemaking authority, procedure.

Section 167.182 - HPV informational brochure, contents.

Section 167.183 - Immunization records, disclosure, to whom — disclosure for unauthorized purpose, liability.

Section 167.191 - Children with contagious diseases not to attend school — penalty.

Section 167.201 - School lunch program — funds — duties of state board.

Section 167.208 - Allergy prevention and response policy required, contents — model policy authorized.

Section 167.211 - School boards may provide for sale of lunches to children.

Section 167.221 - Lunch programs in urban districts — managers and assistants, designation, duties — deposit and withdrawal of funds.

Section 167.223 - High school may offer postsecondary course options — fees.

Section 167.225 - Definitions — instruction in Braille for visually impaired students — teacher certification — BRITE act, blind or visually impaired students, Braille instruction requirements.

Section 167.227 - Summer school programs — attendance outside of district — funding, cooperation among districts.

Section 167.231 - Transportation of pupils by districts, except metropolitan — mileage limits for state aid — extra transportation, district expense — election, ballot form.

Section 167.232 - Tax for extra transportation may be rescinded, procedure.

Section 167.241 - Transportation of pupils to another district — approved charter school transportation.

Section 167.251 - Board to prescribe rules and regulations — driver to give bond — fund charged with transportation expenses.

Section 167.260 - Program for developmentally delayed, ages three and four — program for children from at-risk families.

Section 167.263 - Teacher assistants, grades kindergarten through three — program established — eligibility — application for assistance — rules, promulgation, procedure.

Section 167.265 - School counselors, grades kindergarten through nine — eligibility — application.

Section 167.266 - Academic and career counseling program — rulemaking authority.

Section 167.268 - Policy for reading success plans — state board to develop guidelines.

Section 167.270 - Specialized courses of instruction — pupils at risk of dropping out — pregnant teens and teen mothers.

Section 167.273 - Program of parent education — pregnant teens, teen parents — at-risk families, characteristics — potential dropouts, characteristics.

Section 167.275 - Dropouts to be reported to state literacy hot line — availability of information on website.

Section 167.278 - Chief school officers to provide information on postsecondary financial assistance.

Section 167.280 - Support services for students at high risk — application, elements — priority applications, elements — use of funds — allowable costs.

Section 167.335 - Alternative education grants — qualifications — joint applications.

Section 167.340 - Read to be ready program — certain students to increase average daily attendance — reading improvement instruction.

Section 167.343 - Reading assessment costs, competitive matching grant program — application — requirements — reimbursement of district's funds, when — allocation of grants.

Section 167.346 - List of recommended reading assessments — state board's duties — department's duties — rules.

Section 167.349 - Charter schools, establishment.

Section 167.600 - Definitions — nonseverability.

Section 167.603 - Grants to assist public schools health services, preference — rules — Medicaid payment incentives.

Section 167.606 - Plan to encourage public schools and school districts to be Medicaid providers — services which may be provided, scope of services — who may provide services — employment of personnel.

Section 167.609 - Underwriting of costs, determination of amount, assessment — disbursement transfer to health initiatives fund, arrangement — method of disbursement of funds — procedure.

Section 167.611 - Advisory committee may be established, members, duties and powers — consent form, checklist, prerequisite — identification of family practitioner — distribution of contraceptive devices and drugs prohibited.

Section 167.614 - Discontinuance of participation.

Section 167.617 - Continuation of services previously provided.

Section 167.619 - Most accessible care to be provided — discrimination prohibited.

Section 167.621 - Authorization of parent or guardian, prerequisite — administration of medicine, first aid, immunity.

Section 167.624 - Lifesaving training — CPR.

Section 167.625 - Will's law — definitions — epilepsy or seizure disorder, individualized emergency health care plan, requirements — immunity from liability, when.

Section 167.627 - Possession and self-administration of medication in school — requirements.

Section 167.630 - Epinephrine prefilled auto syringes, school nurse authorized to maintain adequate supply — administration authorized, when.

Section 167.635 - Asthma-related rescue medications, school nurse may be authorized by school board to maintain, procedure.

Section 167.637 - Influenza and influenza vaccination information, provided when.

Section 167.638 - Meningitis immunization, brochure, contents.

Section 167.640 - Student promotion conditioned on remediation — tutorial activities and other suggested programs.

Section 167.645 - Reading assessments required, when — reading success plan required, when — intensive reading instruction required, when — notification of parents, when — retention in grade permitted, when — district duties — report.

Section 167.680 - After-school retreat reading and assessment program established — grants awarded, procedure — fund created — rulemaking authority.

Section 167.700 - Involvement of parents and families, state board and school districts to adopt policies, content — review of policies.

Section 167.720 - Physical education required — definitions.

Section 167.765 - Interscholastic youth sports brain injury prevention, rulemaking authority — information distribution — removal of athletes from competition, when.

Section 167.775 - Annual report on impact of concussions and head injuries, statewide athletic organizations.

Section 167.800 - Definitions

Section 167.803 - Training of school employees, content, requirements.

Section 167.806 - Plan to be submitted by parent or guardian of student with diabetes — review by school.

Section 167.809 - Diabetic care may be provided to students, when, trained personnel to be on site.

Section 167.812 - Diabetic care not practice of nursing, when — health care professionals may provide training.

Section 167.818 - Student may perform certain diabetic care for self, when.

Section 167.821 - Immunity from liability, when

Section 167.824 - Rulemaking authority.

Section 167.850 - Pilot recovery high schools — definitions — designation, procedure — agreement for enrollment — policy for tuition rates — rulemaking authority.

Section 167.890 - Student performance data scores, department to compile and maintain — rulemaking authority.

Section 167.895 - Student transfer to another public school, when — definitions — lack of capacity at attendance centers, options — requirements.

Section 167.898 - Available enrollment slots to be reported to department, when - procedure for students seeking transfer.

Section 167.902 - Critical need occupations, data and information distribution.

Section 167.903 - Personal plan of study for certain students, contents — waiver.

Section 167.905 - At-risk students to be identified, district policy required.

Section 167.908 - Federal aid for students in career and technical education programs — completion of application, procedure.

Section 167.910 - Career readiness course task force established, purpose, members, meetings, duties — findings and recommendations.

Section 167.910 - Career readiness course task force established, purpose, members, meetings, duties — findings and recommendations.

Section 167.950 - Dyslexia screening guidelines — screenings required, when — definitions — rulemaking authority.