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Missouri Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library.
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Compulsory attendance - Between 7 and 16 years of age.
Sec.
167.031. School attendance compulsory, who may be
excused-nonattendance, penalty-home school, definition, requirements-school
year defined- daily log, defense to prosecution.
1. Every parent, guardian or other person in this state having
charge, control or custody of a child not enrolled in a public,
private, parochial, parish school or full-time equivalent attendance
in a combination of such schools and between the ages of seven
and sixteen years is responsible for enrolling the child in a
program of academic instruction which complies with subsection
2 of this section. Any parent, guardian or other person who enrolls
a child between the ages of five and seven years in a public
school program of academic instruction shall cause such child
to attend the academic program on a regular basis, according
to this section. Nonattendance by such child shall cause such
parent, guardian or other responsible person to be in violation
of the provisions of section 167.061, except as provided by this
section. A parent, guardian or other person in this state having
charge, control, or custody of a child between the ages of seven
and sixteen years of age shall cause the child to attend regularly
some public, private, parochial, parish, home school or a combination
of such schools not less than the entire school term of the school
which the child attends; except that
- (1) A child who, to the satisfaction of the superintendent
of public schools of the district in which he resides, or if
there is no superintendent then the chief school officer, is
determined to be mentally or physically incapacitated may be
excused from attendance at school for the full time required,
or any part thereof;
- (2) A child between fourteen and sixteen years of age may
be excused from attendance at school for the full time required,
or any part thereof, by the superintendent of public schools
of the district, or if there is none then by a court of competent
jurisdiction, when legal employment has been obtained by the
child and found to be desirable, and after the parents or guardian
of the child have been advised of the pending action; or
- (3) A child between five and seven years of age shall be
excused from attendance at school if a parent, guardian or other
person having charge, control or custody of the child makes a
written request that the child be dropped from the school's rolls.
- 2.
- (1) As used in sections 167.031 to 167.071, a "home
school" is a school, whether incorporated or unincorporated,
that:
- (a) Has as its primary purpose the provision of private or
religious-based instruction;
- (b) Enrolls pupils between the ages of seven and sixteen
years, of which no more than four are unrelated by affinity or
consanguinity in the third degree; and
- (c) Does not charge or receive consideration in the form
of tuition, fees, or other remuneration in a genuine and fair
exchange for provision of instruction;
- (2) As evidence that a child is receiving regular instruction,
the parent shall:
- (a) Maintain the following records:
- a. A plan book, diary, or other written record indicating
subjects taught and activities engaged in; and
- b. A portfolio of samples of the child's academic work; and
- c. A record of evaluations of the child's academic progress;
or
- d. Other written, or credible evidence equivalent to subparagraphs
a., b. and c.; and
- (b) Offer at least one thousand hours of instruction, at
least six hundred hours of which will be in reading, language
arts, mathematics, social studies and science or academic courses
that are related to the aforementioned subject areas [core
subjects] and consonant with the pupil's age and ability. At
least four hundred of the six hundred hours shall occur at the
regular home school location.
3. Nothing in this section shall require a private, parochial,
parish or home school to include in its curriculum any concept,
topic, or practice in conflict with the school's religious doctrines
or to exclude from its curriculum any concept, topic, or practice
consistent with the school's religious doctrines. Any other provision
of the law to the contrary notwithstanding, all departments or
agencies of the state of Missouri shall be prohibited from dictating
through rule, regulation or other device any statewide curriculum
for private, parochial, parish or home schools.
4. A school year begins on the first day of July and ends
on the thirtieth day of June following.
5. The production by a parent of a daily log showing that
a home school has a course of instruction
which satisfies the requirements of this section shall be a defense
to any prosecution under this section and to any charge or action
for educational neglect brought pursuant to chapter 210, RSMo.
Sec167.042.
Home school, declaration of enrollment, contents-filing with
recorder of deeds or chief school officer-fee.
For the purpose of minimizing unnecessary investigations due
to reports of truancy, each parent, guardian, or other person
responsible for the child who causes his child to attend regularly
a home school may [i.e., this is optional]provide to the recorder
of deeds of the county where the child legally resides, or to
the chief school officer of the public school district where
the child legally resides, a signed, written declaration of enrollment
stating their intent for the child to attend a home school within
thirty days after the establishment of the home school and by
September first annually thereafter. The name and age of each
child attending the home school, the address and telephone number
of the home school, the name of each person teaching in the home
school, and the name, address and signature of each person making
the declaration of enrollment shall be included in said notice.
A declaration of enrollment to provide a home school shall not
be cause to investigate violations of section 167.031. The recorder
of deeds may charge a service cost of not more than one dollar
for each notice filed.
Section
167.051. Compulsory attendance of part-time schools.
167.051. 1. If a school board establishes part-time schools
or classes for children under seventeen years of age, lawfully
engaged in any regular employment, every parent, guardian or
other person having charge, control or custody of such a child
shall cause the child to attend the school not less than four
hours a week between the hours of eight o'clock in the morning
and five o'clock in the evening during the school year of the
part-time classes.
2. All children who are under eighteen years of age, who have
not completed the elementary school course in the public schools
of Missouri, or its equivalent, and who are not attending regularly
any day school shall be required to attend regularly the part-time
classes not less than four hours a week between the hours of
eight o'clock in the morning and five o'clock in the afternoon
during the entire year of the part-time classes.
Sec167.061.
Penalty for violating compulsory attendance law.
Any parent, guardian or other person having charge, control
or custody of a child, who violates the provisions of section
167.031 is guilty of a class C misdemeanor. Upon conviction and
pending any judicial appeal, the defendant shall be required
to enroll the child in a public, private, parochial, parish or
home school within three public school days, after which each
successive school day shall constitute a separate violation of
section 167.031. The fine or imprisonment, or both, may be suspended
and finally remitted by the court, with or without the payment
of costs, at the discretion of the court, if the child is immediately
placed and kept in regular attendance at a public, private, parochial,
parish or home school and if the fact of regular attendance is
proved subsequently to the satisfaction of the court. A certificate
stating that the child is regularly attending a public, private,
parochial or parish school and properly attested by the superintendent,
principal or person in charge of the school is prima facie evidence
of regular attendance by the child.
Sec167.071.
School attendance officers in six-director districts, powers
and duties-powers of police officers in certain areas.
1. In school districts having six or more directors the school
board may appoint and remove at pleasure one or more school attendance
officers and shall pay them from the public school funds.
2. Each attendance officer has the powers of a deputy sheriff
in the performance of his duties. He shall investigate the claims
of children for exemptions under section 167.031, and report
his findings to the person authorized by that section to grant
the exemption sought. He shall refer all cases involving an alleged
violation of section 167.031 involving a public school to the
superintendent of the public school of the district where the
child legally resides and all cases involving an alleged violation
of section 167.031 involving a private, parochial, parish or
home school to the prosecuting attorney of the county wherein
the child legally resides. When reasonable doubt exists as to
the age of any such child he may require a properly attested
birth certificate or an affidavit stating the child's age, date
of birth, physical characteristics and bearing the signature
of the child. He may visit and enter any mine, office, factory,
workshop, business house, place of amusement, or other place
in which children are employed or engaged in any kind of service,
or any place or building in which children loiter or idle during
school hours; may require a properly attested certificate of
the attendance of any child at school; may arrest, without warrant,
any truant, or nonattendants or other juvenile disorderly persons,
and place them in some school or take them to their homes, or
take them to any place of detention provided for neglected children
in the county or school district. He shall serve in the cases
which he prosecutes without additional fee or compensation. Each
attendance officer appointed by a school board shall carry into
effect the regulations lawfully prescribed by the board by which
he was appointed.
3. In any urban school district, any metropolitan school district
and in school districts having six or more directors and which
are located in a first class county having a charter form of
government, any duly commissioned city or county police officer
shall be ex officio school attendance officers. Any police officer
exercising duties of ex officio school attendance officer need
not refer any child apprehended pursuant to the provisions of
this section to juvenile court or a juvenile officer, but nothing
in this subsection shall be construed to limit the police officer's
regular powers and duties as a peace officer.
Sec210.167.
Report to school district on violations of compulsory school
attendance law-referral by school district to prosecutor, when.
If an investigation conducted by the division of family services
pursuant to section 210.145 reveals that the only basis for action
involves a question of an alleged violation of section 167.031,
RSMo, then the local office of the division shall send the report
to the school district in which the child resides. The school
district shall immediately refer all private, parochial, parish
or home school matters to the prosecuting attorney of
the county wherein the child legally resides. The school district
may refer public school violations of section 167.031, RSMo,
to the prosecuting attorney.
Sec162.996.
Handicapped children attending private, parochial, parish or
home schools, districts may provide special educational services-state
aid, how calculated.
1. Special educational services may be offered during the
regular school day. Children who attend special educational services
in the district and who otherwise attend a private, parochial,
parish or home school shall be in compliance with section 167.031,
RSMo.
2. A public school district shall be entitled to state aid
for resident handicapped children who attend special educational
services and who otherwise attend private, parochial, parish
or home schools. State aid shall be calculated on the basis of
full-time equivalent average daily attendance of part-time students
as provided in section 163.011, RSMo.
3. Nothing in this section shall change the authority of a
public school board to set the schedule of classes for full-time
or part-time public school pupils including pupils receiving
services under this section.
4. Nothing herein shall be construed to require transportation
for these services.
5. No resident child shall be denied or discriminated against
in special educational services offered by a school district
on the grounds that the child regularly attends a private, parochial,
parish or home school.
Sec167.619. Most accessible care to be provided-discrimination
prohibited.
When a school or school district enrolls as a medicaid provider
pursuant to section 167.606 or receives a grant under section
167.603, the department of social services shall assure that
the grants or funds are used to provide the most accessible care
to school age children. No resident child shall be denied or
discriminated against in school children health services or medicaid
services offered by a school district or a local health department
under sections 167.600 to 167.621 on the grounds that the child
regularly attends or does not attend a public, private, parochial,
parish or home school.
Other Resources
Home Schooling
Home schooling is one of the options available for meeting the
state's compulsory attendance law, Section 167.031, RSMo. The
Department of Elementary and Secondary Education does NOT regulate
or monitor home schooling in Missouri. Missouri Department of
Elementary and Secondary Education.
The Missouri Home
Education Law
The Missouri Revised Statutes (RSMo) that regulate home education
and compulsary attendance are provided below. We strongly recommend
you purchase our publication,
First Things First, to assist your compliance with our state's
law. FHE
Return to Missouri homeschooling
information.
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