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Compulsory Attendance and
Part-Time Public School Enrollment

1.

What does the compulsory attendance statute require in respect to children's enrollment and attendance at school?
 

All parents or guardians having custody or control of a child between the ages of seven and sixteen, must ensure that the child is enrolled in and regularly attends some public, private, parochial school, or home school meeting the statutory requirements for home schooling, or a combination of such school for the full term of the school. 

Children between five and seven years of age are not required to be enrolled in school.  If they are enrolled in a public school, however, their parents or guardians must ensure that they attend regularly.
 

2.
Are there any exceptions to the compulsory attendance law?
  There are several exceptions to the general law.  Children under seven and children over sixteen years old are not required to be enrolled in school.    Some children with disabilities between seven and sixteen may be excused from attending school all day under certain circumstances; and, students between the ages of fourteen and sixteen may be excused from attending school full time under circumstances defined in the statute.
 

3.
Does the law permit students to attend a private or parochial school, for example, for part of the school day and a public school for part of the school day?
  Yes.  Any students may be enrolled in and attend a private, parochial or home school part of the day and enrolled in and attend a public school for part of the school day.
 

4.
How may different schools might one student enroll in and attend during a single school day?
  There is no limit specified in the statute.  The number of schools in which one student might be enrolled and attend during one day would depend upon time, the logistics of travel, and local regulations concerning part-time enrollment.
 

5.
Who is responsible for ensuring that all children within compulsory attendance ages attend one or a combination of schools as required by the statute?
 

According to Section 167.031, RSMo, every parent, guardian or other person having charge, control or custody of a child between the ages of seven and sixteen is responsible for ensuring that the child complies with the compulsory attendance law.   In addition Section 167.111, RSMo, requires the Commissioner of Education, superintendent of schools, school boards, and every school attendance and probation officer to enforce the compulsory attendance laws.

More comprehensive records may be required for part-time public school students to help ensure that they are in compliance with the compulsory attendance law.
 

6.
What accommodations are local school districts required to make for enrolling part-time public school students?
  Local school districts are not required to make any particular adjustments to accommodate students who wish to be enrolled part-time.  Course offerings, class schedules and lunch schedules are developed and adopted to meet state requirements and local concerns and issues.  The interests and needs of part-time students may be taken into account, certainly, but the law does not require any particular response to their interests and needs.
 

7.
May local boards of education adopt rules to regulate part-time public school enrollment?
 

Local boards of education have board authority to adopt policies and rules for the governance and control of school districts.  In general, any local board of education rules affecting part-time enrollment must be adopted to provide for the orderly, efficient and safe conduct of school, and not for the purpose of preventing or restricting part-time enrollment.

The law should not be interpreted as creating an "open campus" environment where students come and go as they please.  It will be important to establish "check in" and "check out" procedures to ensure that all part-time students are accounted for at all times and to ensure their safety.
 

8.
How will students enrolled part-time in public school get from one school to another?  Who will pay the cost of transportation?
 

In general, the Missouri Constitution is interpreted to prohibit the use of public money to transport students to and from schools other than public schools.   In most cases, parents or guardians of students enrolled part-time must arrange and pay for transportation among the schools in which they are enrolled.  A special education student enrolled part-time in public school is entitled to transportation if transportation is a related service to a student's individualized education program.

There are two possible exceptions under which public schools may pay for part-time public school students' transportation:  (1) part-time students may be transported from their homes to public schools if their part-time enrollment in the public schools begins when the school day begins; and, (2) part-time students may be transported from public schools to their homes if their part-time enrollment in the public schools ends at the close of the school day. 
 

9.
Does this same restriction on transportation apply when students are part-time in public school to take advantage of federal programs such as Chapter 1, ESEA?
  Yes.  The Missouri Supreme Court has ruled that federal funds awarded to Missouri or any political subdivision of the State are public moneys of the State and are subject to all constitutional and statutory spending limitations and proscriptions.
 

10.


How are part-time public school students counted in membership and average daily attendance for state foundation aid?
  The portion of the day during which resident, part-time students are enrolled in and attend public schools would be counted in the same manner for state aid as any other part-time students.  In general, students are counted for the period of time that they are enrolled.
 

11.
How are part-time students who are eligible "free and reduced price" lunches counted for state aid purposes?
  "Free and reduced price" lunch counts for state aid formula purposes will be calculated on a full-time equivalence (FTE) basis.  In the case of nonresident students, the district of domicile which pays tuition and generates state aid for a student receives the "free and reduced price" lunch credit for formula purposes.
 

12.
How will part-time public school students' eligibility for participation in athletics and other extra-curricular and co-curricular activities be determined?
 

The Missouri State High School Activities Association (MSHSAA) regulations govern students eligibility for participation in many extra-curricular activities involving interscholastic competition.  Member school districts must follow MSHSAA regulations to be eligible to participate in MSHSAA sponsored or sanctioned events.

Local boards of education generally adopt policies and rules governing students' participation in extra- and co-curricular activities not regulated by the MSHSAA.