167.121. Assignment of pupil to another district--tuition, how paid, amount--lapsed, unaccredited, and provisionally unaccredited districts, enrollment in virtual school permitted.

MISSOURI STATUTES AND CODES

167.121. Assignment of pupil to another district--tuition, how paid, amount--lapsed, unaccredited, and provisionally unaccredited districts, enrollment in virtual school permitted.

Assignment of pupil to another district--tuition, how paid,amount--lapsed, unaccredited, and provisionally unaccrediteddistricts, enrollment in virtual school permitted.

167.121. 1. If the residence of a pupil is so located thatattendance in the district of residence constitutes an unusual orunreasonable transportation hardship because of natural barriers, traveltime, or distance, the commissioner of education or his designee may assignthe pupil to another district. Subject to the provisions of this section,all existing assignments shall be reviewed prior to July 1, 1984, and fromtime to time thereafter, and may be continued or rescinded. The board ofeducation of the district in which the pupil lives shall pay the tuition ofthe pupil assigned. The tuition shall not exceed the pro rata cost ofinstruction.

2. (1) For the school year beginning July 1, 2008, and eachsucceeding school year, a parent or guardian residing in a lapsed publicschool district or a district that has scored either unaccredited orprovisionally accredited, or a combination thereof, on two consecutiveannual performance reports may enroll the parent's or guardian's child inthe Missouri virtual school created in section 161.670, RSMo, provided thepupil first enrolls in the school district of residence. The schooldistrict of residence shall include the pupil's enrollment in the virtualschool created in section 161.670, RSMo, in determining the district'saverage daily attendance. Full-time enrollment in the virtual school shallconstitute one average daily attendance equivalent in the school districtof residence. Average daily attendance for part-time enrollment in thevirtual school shall be calculated as a percentage of the total number ofvirtual courses enrolled in divided by the number of courses required forfull-time attendance in the school district of residence.

(2) A pupil's residence, for purposes of this section, meansresidency established under section 167.020, RSMo. Except for studentsresiding in a K-8 district attending high school in a district undersection 167.131, RSMo, the board of the home district shall pay to thevirtual school the amount required under section 161.670, RSMo.

(3) Nothing in this section shall require any school district or thestate to provide computers, equipment, Internet or other access, supplies,materials or funding, except as provided in this section, as may be deemednecessary for a pupil to participate in the virtual school created insection 161.670, RSMo.

(4) Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2007, shall beinvalid and void.