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Vol. 47, No. 45

June 19, 2013

Department Issues Guidance on Student Transfers

The Department of Elementary and Secondary Education is issuing guidance to Missouri school districts following the Breitenfeld v. School District of Clayton ruling from the Missouri Supreme Court last week. The guidance document will assist districts in managing requests from parents for student transfers from unaccredited to accredited districts.

“We need to provide guidance for districts in implementing the law," said Missouri Commissioner of Education Chris L. Nicastro. "It's critical that policy be in place to ensure a smooth transition for new students transferring into accredited districts from unaccredited districts."

The decision issued on June 11, 2013, reversed a lower court ruling and found that the state law allowing students to transfer from unaccredited school districts does not violate the Hancock Amendment. Mo. Rev. Stat. § 167.131 provides, in part, that an unaccredited school district shall pay the tuition for students to attend a school in another accredited district of the same or an adjoining county.