SECOND REGULAR SESSION
HOUSE BILL NO. 1275
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BAKER (123) (Sponsor), ERVIN, CORCORAN, BLACK,
MUSCHANY, DIXON, HOBBS, BIVINS, MOORE, FLOOK, NOLTE, MUNZLINGER, FISHER, WETER,
BEARDEN, FARES, SANDER, PHILLIPS, SCHAAF, WILSON (119), RUCKER, WHORTON, PAGE,
BAKER (25) AND CHAPPELLE-NADAL (Co-sponsors).
Read 1st time January 9, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To amend chapter 161, RSMo, by adding thereto one new section relating to the establishment
of a virtual school.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 161, RSMo, is amended by adding thereto one new section, to be
known as section 161.670, to read as follows:
161.670. 1. Notwithstanding any other law, prior to July 1, 2007, the state board
of education shall establish a virtual school to serve school-age students residing in the
state. The virtual school shall offer instruction in a virtual setting using technology,
intranet, and/or Internet methods of communication. Any student under the age of twenty-one in grades kindergarten through twelve who resides in this state shall be eligible to
enroll in the virtual school regardless of the student's physical location.
2. For purposes of calculation and distribution of state school aid, pupils enrolled
in a virtual school shall be included in the pupil enrollment of the school district in which
the pupil physically resides. The virtual school shall report to the district of residence the
following information about each pupil served by the virtual school: name, address,
eligibility for free or reduced-price lunch, limited English proficiency status, special
education needs, and the number of courses in which the pupil is enrolled. The virtual
school shall promptly notify the resident district when a pupil discontinues enrollment. A
"full-time equivalent student" is a student who has successfully completed the instructional
equivalent of six credits per regular term. Each virtual course shall count as one class and
shall generate that portion of a full-time equivalent that a comparable course offered by
the school district would generate. In no case shall more than the full-time equivalency of
a regular term of attendance for a single student be used to claim state aid. Full-time
equivalent student credit completed shall be reported to the department of elementary and
secondary education in the manner prescribed by the department. Nothing in this section
shall prohibit students from enrolling in additional courses under a separate agreement
that includes terms for paying tuition or course fees.
3. When a school district has one or more resident pupils enrolled in a virtual
school program authorized by this section, the department of elementary and secondary
education shall disburse an amount corresponding to fifteen percent of the state aid under
sections 163.031 and 163.043, RSMo, attributable to such pupil to the resident district.
Subject to an annual appropriation by the general assembly, the department shall disburse
an amount corresponding to eighty-five percent of the state adequacy target attributable
to such pupil to the virtual school.
4. Except as specified in this section and as may be specified by rule of the state
board of education, the virtual school shall comply with all state laws and regulations
applicable to school districts, including but not limited to the Missouri school improvement
program (MSIP), adequate yearly progress (AYP), annual performance report (APR),
teacher certification, and curriculum standards. Any rule or portion of a rule, as that term
is defined in section 536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to all of the provisions
of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter
536, RSMo, are nonseverable and if any 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 a rule are subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 2006, shall be invalid and