Missouri HB 2604: Establishes transfer procedures to nonresident districts for students in public schools

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2604
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE POLLITT.
5299H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
To repeal sections 167.020 and 167.151, RSMo, and to enact in lieu thereof fourteen new
sections relating to admission of nonresident pupils, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 167.020 and 167.151, RSMo, are repealed and fourteen new
2 sections enacted in lieu thereof, to be known as sections 167.020, 167.151, 167.1200,
3 167.1205, 167.1210, 167.1211, 167.1212, 167.1215, 167.1220, 167.1224, 167.1225,
4 167.1227, 167.1229, and 167.1230, to read as follows:
167.020. 1. As used in this section and in section 167.022, the following terms mean:
2 (1) "Behavioral threat assessment", records associated with an evaluation of a student
3 who has shown or demonstrated:
4 (a) Homicidal or suicidal ideation;
5 (b) Planning an attack on a school, other students, faculty, staff, or administration; or
6 (c) Behavior that puts students, faculty, staff, or administration at risk for harm;
7 (2) "Homeless child" or "homeless youth", a person less than twenty-one years of age
8 who lacks a fixed, regular and adequate nighttime residence, including a child or youth who:
9 (a) Is sharing the housing of other persons due to loss of housing, economic hardship,
10 or a similar reason; is living in motels, hotels, or camping grounds due to lack of alternative
11 adequate accommodations; is living in emergency or transitional shelters; is abandoned in
12 hospitals; or is awaiting foster care placement;
13 (b) Has a primary nighttime residence that is a public or private place not designed for
14 or ordinarily used as a regular sleeping accommodation for human beings;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

15 (c) Is living in cars, parks, public spaces, abandoned buildings, substandard housing,
16 bus or train stations, or similar settings; and
17 (d) Is a migratory child or youth who qualifies as homeless because the child or youth
18 is living in circumstances described in paragraphs (a) to (c) of this subdivision;
19 (3) "Personal safety plan", an agreement based upon the findings of the behavioral
20 threat assessment record between the school and the students' parents or guardians, or
21 between the school and the student if the student is emancipated or an unaccompanied youth
22 as defined in section 210.121, that:
23 (a) Stipulates rules for attendance at the school;
24 (b) Provides benchmarks that allow for the student to be released from the personal
25 safety plan over time; and
26 (c) Provides immediate access to a trusted adult for the student with the personal
27 safety plan.
28 2. (1) In order to register a pupil, the pupil or the parent or legal guardian of the
29 pupil [or the pupil himself or herself] shall provide, at the time of registration, one of the
30 following:
31 [(1)] (a) Proof of residency in the district. Except as otherwise provided in section
32 167.151, the term "residency" shall mean that a person both physically resides within a school
33 district and is domiciled within that district or, in the case of a private school student
34 suspected of having a disability under the Individuals With Disabilities Education Act, 20
35 U.S.C. Section 1411 et seq., as amended, that the student attends private school within that
36 district. The domicile of a minor child shall be the domicile of a parent, military guardian
37 pursuant to a military-issued guardianship or court-appointed legal guardian. For instances in
38 which the family of a student living in Missouri co-locates to live with other family members
39 or live in a military family support community because one or both of the child's parents are
40 stationed or deployed out of state or deployed within Missouri under active duty orders under
41 Title 10 or Title 32 of the United States Code, the student may attend the school district in
42 which the family member's residence or family support community is located. If the active
43 duty orders expire during the school year, the student may finish the school year in that
44 district;
45 [(2)] (b) Proof that the person registering the student has requested a waiver under
46 subsection 3 of this section within the last forty-five days; or
47 [(3)] (c) Proof that one or both of the child's parents are being relocated to the state of
48 Missouri under military orders.
49 (2) In instances where there is reason to suspect that admission of the pupil will create
50 an immediate danger to the safety of other pupils and employees of the district, the
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51 superintendent or the superintendent's designee may convene a hearing within five working
52 days of the request to register and determine whether or not the pup