Section 163.063

Title XI EDUCATION AND LIBRARIES

Chapter 163

Effective - 28 Aug 2023   

  163.063.  Nonresident pupils in residential care facilities — federal and state aid, counted in average daily attendance, where. — 1.  As used in this section, the following words mean:

  (1)  "Nonresident pupil", a child who:

  (a)  At the time such child is admitted to a residential care facility, is domiciled in one school district in Missouri but resides in a residential care facility located in another school district in Missouri as a result of placement arranged by or approved by the department of mental health or the department of social services or placement arranged by or ordered by a court of competent jurisdiction;

  (b)  Receives care or treatment in such residential care facility that is not within the school district in which the child's domicile is located;

  (c)  Is unable to attend school in either the school district in which such domicile is located or the school district in which such residential care facility is located because such child:

  a.  May be a safety risk; or

  b.  Has behavioral conditions that support the need to educate such child on such residential care facility's site or campus; and

  (d)  Is being provided all required educational services within such residential care facility;

  (2)  "Residential care facility", any residential care facility required to be licensed under sections 210.481 to 210.536, or a similar facility.

  2.  For purposes of calculating federal-aid and state-aid distributions for nonresident pupils pursuant to the provisions of this chapter, a nonresident pupil who receives all of such pupil's required educational services on-site at a residential care facility shall be included in the average daily attendance of the following school district that results in the greatest total amount of state and federal aid to the district in which the residential care facility is located:

  (1)  The school district of such pupil's domicile prior to placement in a residential care facility; or

  (2)  The school district of such pupil's residence following placement in a residential care facility.

  3.  Any educational costs incurred by a residential care facility that are not remitted under this section may be reimbursed as provided in section 167.126.

  4.  Educational costs incurred by a residential care facility for a child who was not enrolled in a school district in Missouri at the time the child was admitted to such residential care facility shall be reimbursed as provided in section 167.126.

  5.  No provision of this section shall be construed to prevent a residential care facility and a school district from mutually agreeing to a financial arrangement that deviates from the provisions of this section.

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(L. 2023 H.B. 447)