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,

MISSOURI STATUTES AND CODES

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,

Children admitted to certain programs or facilities, right toeducational services--school district, per pupil cost,payment--inclusion in average daily attendance, payments in lieuof taxes, when.

167.126. 1. Children who are admitted to programs or facilities ofthe department of mental health or whose domicile is one school district inMissouri but who reside in another school district in Missouri as a resultof placement arranged by or approved by the department of mental health,the department of social services or placement arranged by or ordered by acourt of competent jurisdiction shall have a right to be provided theeducational services as provided by law and shall not be denied admissionto any appropriate regular public school or special school district programor 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 thedepartment of mental health, the department of social services or a courtof competent jurisdiction from otherwise providing or procuring educationalservices for such child.

2. Each school district or special school district constituting thedomicile of any child for whom educational services are provided orprocured under this section shall pay toward the per-pupil costs foreducational services for such child. A school district which is not aspecial school district shall pay an amount equal to the average sumproduced per child by the local tax effort of the district of domicile. Aspecial school district shall pay an amount not to exceed the average sumproduced per child by the local tax efforts of the domiciliary districts.

3. When educational services have been provided by the schooldistrict or special school district in which a child actually resides,including a child who temporarily resides in a children's hospital licensedunder chapter 197, RSMo, for rendering health care services to childrenunder the age of eighteen for more than three days, other than the districtof domicile, the amounts as provided in subsection 2 of this section forwhich the domiciliary school district or special school district isresponsible shall be paid by such district directly to the servingdistrict. The school district, or special school district, as the case maybe, shall send a written voucher for payment to the regular or specialdistrict constituting the domicile of the child served and the domiciliaryschool district or special school district receiving such voucher shall paythe district providing or procuring the services an amount not to exceedthe average sum produced per child by the local tax efforts of thedomiciliary districts. In the event the responsible district fails to paythe appropriate amount to the district within ninety days after a voucheris submitted, the state department of elementary and secondary educationshall deduct the appropriate amount due from the next payments of any statefinancial aid due that district and shall pay the same to the appropriatedistrict.

4. In cases where a child whose domicile is in one district is placedin programs or facilities operated by the department of mental health orresides in another district pursuant to assignment by that department or isplaced by the department of social services or a court of competentjurisdiction into any type of publicly contracted residential site inMissouri, the department of elementary and secondary education shall, assoon as funds are appropriated, pay the serving district from fundsappropriated for that purpose the amount by which the per-pupil costs ofthe educational services exceeds the amounts received from the domiciliarydistrict except that any other state money received by the serving districtby virtue of rendering such service shall reduce the balance due.

5. Institutions providing a place of residence for children whoseparents or guardians do not reside in the district in which the institutionis located shall have authority to enroll such children in a program in thedistrict or special district in which the institution is located and suchenrollment shall be subject to the provisions of subsections 2 and 3 ofthis section. The provisions of this subsection shall not apply toplacement authorized pursuant to subsection 1 of this section or if theplacement occurred for the sole purpose of enrollment in the district orspecial district. "Institution" as used in this subsection means afacility organized under the laws of Missouri for the purpose of providingcare and treatment of juveniles.

6. Children residing in institutions providing a place of residencefor three or more such children whose domicile is not in the state ofMissouri may be admitted to schools or programs provided on a contractualbasis between the school district, special district or state department oragency and the proper department or agency, or persons in the state wheredomicile is maintained. Such contracts shall not be permitted to place anyfinancial burden whatsoever upon the state of Missouri, its politicalsubdivisions, school districts or taxpayers.

7. For purposes of this section the domicile of the child shall bethe school district where the child would have been educated if the childhad not been placed in a different school district. No provision of thissection shall be construed to deny any child domiciled in Missouriappropriate and necessary, gratuitous public services.

8. For the purpose of distributing state aid under section 163.031,RSMo, a child receiving educational services provided by the district inwhich the child actually resides, other than the district of domicile,shall be included in average daily attendance, as defined under section163.011, RSMo, of the district providing the educational services for thechild.

9. Each school district or special school district where the childactually resides, other than the district of domicile, may receive paymentfrom the department of elementary and secondary education, in lieu ofreceiving the local tax effort from the domiciliary school district. Suchpayments from the department shall be subject to appropriation and shallonly be made for children that have been placed in a school other than thedomiciliary school district by a state agency or a court of competentjurisdiction and from whom excess educational costs are billed to thedepartment of elementary and secondary education.