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Capitol Report

2023 Legislative Session

FINAL UPDATE for SB 411 & 230 5-13-2023

The 2023 Legislative Session came to a close on Friday, May 12, 6:00pm.
 
All bills still on House and Senate calendars and in the House and Senate committees have “died”. Those bills will not be considered.
SB 411 and 230 has “died” in the House Fiscal Review Committee. For the first year the “Home School/Flex School” proposal went through the legislative process, the bill made remarkable progress.
 
FHE had also supported repealing RSMo 167.042, the “declaration of intent to home school” which we have been working to repeal for a number of years. There was opposition to repealing this statute that causes so many homeschoolers a problem because the schools demand their optional form be signed even if the parent has given the school a withdrawal letter. FHE will continue to work on the repeal in the future.
Thank you to all who have stood with FHE to encourage support for the home school portion of SB 411 & 230 which would give some added protections for the “traditional” home school.
 
For those with interest in the Home School Activities bill, this was the first time it passed the Senate and almost made it through the House.
The most opposition to SB 411 & 230 was NOT to the home school/public school participation portion of the bill. There were many public school issues attached as amendments as it progressed through the process. The most contentious amendment was the public school days issue that was added on the Senate floor.
 
There was much disagreement about the issue. Some legislators even went on record stating that they would have supported the bill if it had not been for some of these added public school amendments.
Remember, a bill does not become law unless it passes both houses and then goes to the Governor’s desk. Since SB 411 & 230 did not pass both houses, it is NOT law.
 
It takes many steps for a bill to become law. Our founding fathers were wise in setting forth this process. A bill is vetted over and over before it becomes law. This is what helps a bill become a good law.
 
We know many have been interested to know what happened to SB 255, a government funded ESA bill. Because of your diligence in calling the Senate Education Committee, it was never reported out of the Senate Education Committee even though there was a “do pass” vote. FHE will continue to diligently fight against any government funded ESA's that include home schools.
 
Whether passing good legislation or stopping bad legislation, it takes us all working together! If you have contact with your state representative or state senator between now and the next session, be a super great ambassador for home education. Have a blessed summer and a great start to your next school year!!!!

 

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Sb 411 & 230 Update: Edited 5-6-2023

One More Week
 
The House General Laws Committee passed SB 411 Thursday, May 4, with a vote of 9 yea, 4 no, and 4 present.
 
There are still several steps before it becomes law. Friday, May 5, the Speaker of the House assigned SB 411 & 230 to the House Rules-Regulatory Oversight Committee. If or when the House Rules-Regulatory Oversight Committee hears and passes SB 411 & 230 the bill will go back to the House floor and be placed on the SB for 3rd Reading Calendar.
 
Here is a link to the HCS SS SCS SB 411:
https://senate.mo.gov/23info/pdf-bill/House/HCS-SB/SB0411.pdf
 
The amendments the House General Laws Committee added to SS SCS SB 411 were:
On page 33, lines 1-15, an amendment was added to make changes to the optional Declaration of Enrollment (RSMo 167.042) instead of repealing the section.  We are continuing to work toward either a full repeal of RSMo 167.042 OR something that will help correct the problems this section has created for parents withdrawing their children to home school. 
 
The Committee had added HB 809, HB 887, HB 1163, HB 883, HB 447 in the House Committee Substitute. The HCS was further amended by adding HB 1087 and some changes to the public school days. These bills are all public school bills and do not affect a home school.  
 
We are continuing to monitor SB 411 closely.
 
Specific Changes to the bill and the page numbers for easier reference.  Look for underlined words (changes added to the bill) and shaded words [removed from the bill]
 
1.  Changes the new school designation throughout the bill to “Family-Led Educational eXperience School” or FLEX School instead of “family connected school”.
 
2. The bill REMOVES a home school from the list of “Qualified school[s]” and adds a “FLEX” school, therefore, when a family signs up for the MOScholars program and/or participates in public school activities and events, they become a “FLEX” school, NOT a “home school”: Page 28, line 12.
 
3. The bill ADDS new language to the compulsory attendance law to say a “home school” does not participate in public school activities or the MOScholars program. Page 31, lines 42-45, 167.031.2(1)(d) and (e)
 
4. The bill ADDS new language which adds a new school designation, “Family-Led Educational eXperience or FLEX school”. This new school entity allows the FLEX school student to participate in public school activities and/or the FLEX school to participate in the privately funded tax credit MOScholar program. Page 31, lines 46-58, RSMo 167.031.(2)
 
5. PROTECTS a home school from confusion with a FLEX school by government agencies, public schools, etc. by adding section 167.031.8 on Pages 32-33, lines 107-121
 
6. Pages 36-39: “Provides that school districts SHALL NOT PROHIBIT FLEX school students from trying out or auditioning for team or club membership in any event or activity offered by the school district.” This is the original SB 411 combined with SB 230 which only included this language.

7. Page 33, lines 1-15:an amendment was added to make changes to the optional Declaration of Enrollment (RSMO 167.042) instead of repealing the section. We are continuing to work on this issue which is the number one problem for parents when withdrawing a student from the public school.
 
8. Page 54-55, lines 1-35, the bill REMOVES the provisions for the public school attendance officer to have the powers of a deputy sheriff in the performance of their duty (167.071).
 
9. The House General Laws Committee further amended SS SCS SB 411 by adding HB 809, HB 887, HB 1163, HB 883, HB 447, HB 1087, and some changes to the public school days. These bills are all public school bills and not home school related.
 

PDF Links to previous Alerts and Information:

4-23-2023 Capitol Report SB 411 & 230 Impromptu Visit

4-18-2023 Capitol Report SB 411 & 230 Immediate Attention

4-17-2023 Capitol Report SB 411 & 230 Call the House

4-7-2023 Capitol Report SB 411 & 230 Action Alert Update

4-4-2023 Capitol Report SB 411 & 230 Immediate Attention

3-23-2023 Capitol Report SCS SB 411 & 230 Update – Homeschool Activities Bill

3-23-2023 Capitol Report with SCS SB 411 & 230 - Homeschool Activities Bill

3-14-2023 Capitol Report SB 255 Update – ESA bill

3-14-2023 Guidelines for Contacting Your Legislators

3-10-2023 Capitol Report SCS SB 255 – ESA Bill

3-4-2023 Capitol Report SB 255 – ESA Bill

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FHE is continuing to watch bills closely as they proceed to committee hearings, to the floor for debate, and to the next chamber for the final vetting.

Below is a list of bills we are watching. Some bills are filed every year such as lowering or raising the compulsory attendance age. Other bills we must evaluate individually. FHE opposes any ESA which would include funding a home school with government money. FHE supports and is working toward removing a home school from the Missouri Empowerment Scholarship Accounts program. FHE watches all bills to make sure they will not infringe on our Missouri home school freedoms.

There were changes in the status of a few bills. The changes are highlighted in green. 

Compulsory Attendance – FHE opposes any bill that would lower or raise the compulsory attendance age

HB 793 - Modifies provisions relating to age for school entry (Lowers compulsory attendance age to 5 years old)

Sponsor: Ian Mackey

Bill Information page: https://house.mo.gov/Bill.aspx?bill=HB793&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/0345H.01I.pdf

Bill Summary Page: https://house.mo.gov/billtracking/bills231/sumpdf/HB0793I.pdf  

Last Action: 1/18/2023   Read Second Time (H)
 

Home School Extracurricular Public School Participation – FHE is Neutral on these bills

HB 241 - Prohibits public school membership in any statewide activities association that prohibits home school students from participating in any event or activity offered by the school district in which the student resides

Sponsor: Josh Hurlbert

Bill Information Page: https://house.mo.gov/Bill.aspx?bill=HB241&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/0741H.01I.pdf

Bill Summary Page: https://house.mo.gov/billtracking/bills231/sumpdf/HB0241I.pdf

Last Action:  1/05/2023 Read Second Time (H)
 

SB 230 - Provides that school districts shall not prohibit home school students from trying out or auditioning for team or club membership in any event or activity offered by the school district

Sponsor – Jill Carter

Bill Information and Summary Page: https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=44599

Bill as Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SB230.pdf

Last Action Last Action: 3/23/2023 - Bill Combined (w/SCS SBs 411 & 230)

 

SB 411 - Provides that no school district shall be a member of a statewide activities association that prohibits a home school student from participating in any event or activity offered by a public school in the school district in which the student resides

Sponsor: Ben Brown

Bill Information and Summary Page: https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=419482

Bill as Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SB411.pdf

 

SCS SB 411 & 230: https://senate.mo.gov/23info/pdf-bill/comm/SB411.pdf

Last Action: 4/11/2023 - Formal Calendar S Bills for Perfection

 

 

Tax Credits for a Home School – We are watching these bills closely

SCS SB 81 – The Home School Tax credit was removed from the “Introduced” version of the bill, FHE will continue to watch the bill closely

SB 81 - Authorizes parents to choose the school that their children attend and creates a tax credit for educational expenses incurred by parents whose children attend home schools

Sponsor – Coleman

Information Page: https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=44572

Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SB81.pdf

Senate Committee Substitute: https://senate.mo.gov/23info/pdf-bill/comm/SB81.pdf

Last Action: 4/4/2023 - Informal Calendar S Bills for Perfection

 

SB 226 - Authorizes a tax credit for certain education expenses

Sponsor – Nick Schroer

Information Page: https://www.senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=44437

Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SB226.pdf

Last Action: 3/23/2023 - Voted Do Pass S Education and Workforce Development Committee

 

SB 565 - Creates a tax credit for educational expenses incurred by parents whose children attend a home school, a virtual school, or a school outside of their district of residence

Sponsor: Andrew Koenig

Information Page:  https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=2020261

Introduced:  https://senate.mo.gov/23info/pdf-bill/intro/SB565.pdf

Last Action: 4/3/2023 - Second Read and Referred S Education and Workforce Development Committee

 

Empowerment Scholarship Account Bills – Missouri Empowerment Scholarship Account Program (MOScholars)

HB 242 - Modifies provisions relating to Missouri empowerment scholarship accounts (Removes a home school from the MOScholars Program)

Sponsor: Josh Hurlbert

Bill Information page: https://house.mo.gov/Bill.aspx?bill=HB242&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/0762H.01I.pdf

Bill Summary page:  https://house.mo.gov/billtracking/bills231/sumpdf/HB0242I.pdf

Last Action:  1/05/2023 Read Second Time

 

HB 243 - Expands the availability of Missouri empowerment scholarship accounts to qualified students living in any county with at least one hundred thousand inhabitants

Sponsor: Josh Hurlbert

Bill Information Page: https://house.mo.gov/Bill.aspx?bill=HB243&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/0752H.01I.pdf

Bill Summary: https://house.mo.gov/billtracking/bills231/sumpdf/HB0243I.pdf

Last Action:  1/05/2023  Read Second Time

 

HB 244 - Expands the definition of a qualified student for purposes of eligibility for Missouri empowerment scholarship accounts

Sponsor: Josh Hurlbert

Bill Information Page: https://house.mo.gov/Bill.aspx?bill=HB244&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/0755H.01I.pdf

Bill Summary page: https://house.mo.gov/billtracking/bills231/sumpdf/HB0244I.pdf 

Last Action:  1/05/2023  Read Second Time

 

HB 245 - Allows students who are qualified for Missouri empowerment scholarship accounts to remain eligible in years after the student accepted no grant

Sponsor: Josh Hurlbert

Bill Information Page: https://house.mo.gov/Bill.aspx?bill=HB245&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/0758H.01I.pdf

Bill Summary page: https://house.mo.gov/billtracking/bills231/sumpdf/HB0245I.pdf

Last Action: 1/05/2023   Read Second Time 

 

HB 332 - Expands the definition of a qualified student for purposes of eligibility for Missouri empowerment scholarship accounts

Sponsor: Josh Hurlbert

Bill Information Page: https://house.mo.gov/Bill.aspx?bill=HB332&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/0754H.02I.pdf

Summary page: https://house.mo.gov/billtracking/bills231/sumpdf/HB0332I.pdf

Last Action: 1/05/2023   Read Second Time

 

HB 350 - Expands Missouri empowerment scholarship amounts for students with special needs

Sponsor: Phil Christophanelli

Bill Information Page: https://house.mo.gov/Bill.aspx?bill=HB350&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/0400H.01I.pdf

Bill Summary page: https://house.mo.gov/billtracking/bills231/sumpdf/HB0350I.pdf

Last Action: Elementary and Secondary Education(H)

                        Hearing Completed – Executive Session -4/5/2023 HCS Voted Do Pass (H)

 

 

HB 572 - Modifies provisions relating to Missouri empowerment scholarship accounts

Sponsor – Chris Sander

Bill Information Page: https://house.mo.gov/Bill.aspx?bill=HB572&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/1550H.01I.pdf

Bill Summary page: https://house.mo.gov/billtracking/bills231/sumpdf/HB0572I.pdf

Last Action: 1/05/2023   Read Second Time

 

HB 875 - Expands the availability of Missouri empowerment scholarship accounts to qualified students living in counties containing a city with at least thirty thousand inhabitants

Sponsor: Josh Hurlbert

Bill Information Page: https://house.mo.gov/Bill.aspx?bill=HB875&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/1856H.02I.pdf

Last Action: 1/19/2023   Read Second Time

 

SB 255 - Establishing the Education Savings Account program (This bill is a government funded ESA bill which does not clearly exclude a home school: therefore, FHE is opposed to this bill.)

Sponsor – Rick Brattin

Bill Information and Summary Page: https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=44642

Bill as Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SB255.pdf

Current version SCS SB 255: https://senate.mo.gov/23info/pdf-bill/SCSfromResearch/SB255.pdf

Last Action: 3/7/2023 - SCS Voted Do Pass S Education and Workforce Development Committee

 

SB 360 - Modifies provisions of the Missouri Empowerment Scholarship Accounts Program (Removes a home school parent from the background check requirement)

Sponsor – Andrew Koenig

Bill Information and Summary Page: https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=44742

Bill as Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SB360.pdf

SCS Bill Substitute: https://senate.mo.gov/23info/pdf-bill/comm/SB360.pdf

Last Action: 4/11/2023 - Informal Calendar S Bills for Perfection

 

FHE ESA Policy

Tax-Credit ESA

     FHE does not ask the government for money: therefore, for the most part FHE has been neutral on Tax-credit education proposals since it is private money supporting a school option allowed by the state of Missouri. Here are 2 court case links affirming the fact that tax credits are not government money: Zelman v. Simmons-Harris, 536 U.S. 639 (2002) and Arizona Christian School Tuition Organization v. Winn, 563 U.S. 125 (2011).

     FHE has diligently followed proposed ESA bills in the Missouri legislature to ensure Missouri homeschool freedoms are secure. As the MOScholar bill progressed through the legislature, we diligently watched and lobbied legislators with our concerns. The biggest concerns came when the Missouri state treasurer wrote the regulations for the program. FHE has asked the legislature to remove a home school from the MOScholars program.

Government funded ESAs and Educational Vouchers

     FHE opposes a home school being a “qualified school” of government funded ESAs and educational vouchers. Along with government money comes regulations requiring accountability to the program. This would add more regulation on a home school than is required by the Missouri compulsory attendance statute, RSMo 167.031.2. 

 

Parents’ Rights – The bills which have been introduced so far are for the protection of public school parents. We are neutral on these bills. FHE supports bills that will protect the rights of all parents to direct the education and upbringing of their own children.

HB 482 - Establishes provisions governing transparency in public education

Sponsor – Ben Baker

Bill Information Page:  https://house.mo.gov/Bill.aspx?bill=HB482&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/1250H.01I.pdf

Bill Summary: https://house.mo.gov/billtracking/bills231/sumpdf/HB0482I.pdf

 

HCS HB 482: https://house.mo.gov/billtracking/bills231/hlrbillspdf/1250H.03C.pdf

HCS HB 482 Summary: https://house.mo.gov/billtracking/bills231/sumpdf/HB0482C.pdf

Last Action:  House Elementary and Secondary Education Committee

                        3/30/202   HCS Reported Do Pass (H) - AYES: 11 NOES: 5 PRESENT: 0

                        4/05/2023  Referred: Rules - Regulatory Oversight(H)

 

 

HB 627 - Establishes the Parents' Bill of Rights

Sponsor – Phil Christophanelli

Bill Information Page: https://house.mo.gov/Bill.aspx?bill=HB627&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/1433H.01I.pdf

Bill Summary: https://house.mo.gov/billtracking/bills231/sumpdf/HB0627I.pdf

 

HCS HB 627: https://house.mo.gov/billtracking/bills231/hlrbillspdf/1433H.02C.pdf

HCS HB 627 Summary: https://house.mo.gov/billtracking/bills231/sumpdf/HB0627C.pdf

Last Action: 3/30/2023   H 1285  HCS Reported Do Pass (H) - AYES: 11 NOES: 4 PRESENT: 0

                       4/05/2023    Referred: Rules - Regulatory Oversight(H)

 

 

HB 634 - Establishes protections of parental rights to direct the mental, emotional, and physical health and well-being of children

Sponsor-Ann Kelley

Bill Information Page: https://house.mo.gov/Bill.aspx?bill=HB634&year=2023&code=R

Bill as Introduced: https://house.mo.gov/billtracking/bills231/hlrbillspdf/0414H.02I.pdf

Bill Summary page: https://house.mo.gov/billtracking/bills231/sumpdf/HB0634I.pdf

Last Action: 3/01/2023    Public Hearing Completed (H) – House Elementary and Secondary Education Committee

 

SCS SBs 4, 42 & 89

SB 4 - Modifies provisions regarding transparency in public schools and creates the Parents' Bill of Rights Act of 2023

Sponsor – Andrew Koenig

Bill Information and Summary Page: https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=44578

Bill as Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SB4.pdf

Senate Committee Substitute: https://senate.mo.gov/23info/pdf-bill/comm/SB4.pdf

SS #2 SCS SB 4,42, &89 (Perfected):  https://senate.mo.gov/23info/pdf-bill/perf/SB4.pdf

Last Action: 4/12/2023 - Hearing Scheduled House Elementary and Secondary Education--(8:00 a.m. - HR 7)

 

SB 158 - Creates provisions regarding parental rights and transparency in public schools

Sponsor – Nick Schroer

Bill Information and Summary Page: https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=44432

Bill as Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SB158.pdf

Last Action:  1/26/2023 - Second Read and Referred S Education and Workforce Development Committee

 

SB 318 - Creates the "Empowering Missouri Parents Act" regarding parental rights in public schools

Sponsor – Bill Eigel

Bill Information Page: https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=44446

Bill as Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SB318.pdf

Last Action: 2/23/2023 - Second Read and Referred S Education and Workforce Development Committee

 

SB 451 - Establishes the "Parents' Bill of Rights" to protect and promote the rights of parents to participate in and direct the education of their child and to know what is being taught in their child's public school

Sponsor – Curtis Trent

Bill Information Page: https://www.senate.mo.gov/23info/bts_web/Bill.aspx?SessionType=R&BillID=632942

Bill as Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SB451.pdf

Last Action: 3/2/2023 - Second Read and Referred S Education and Workforce Development Committee

 

SJR 6 - Amends the Constitution to assert the right of parents to participate in and direct the education of their children  (If passed, this would go to the voters for approval.)

Sponsor – Caleb Rowden

Bill Information and Summary Page: https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=44591

Bill as Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SJR6.pdf

Last Action:  1/12/2023 - Second Read and Referred S Education and Workforce Development Committee

 

SJR 29 - Provides for parents' exclusive right to control the upbringing of their children (If passed, this would go to the voters for approval)

Sponsor – Jill Carter

Bill Information and Summary Page: https://senate.mo.gov/23info/BTS_Web/Bill.aspx?SessionType=R&BillID=44699

Bill as Introduced: https://senate.mo.gov/23info/pdf-bill/intro/SJR29.pdf

Last Action: 1/19/2023 - Second Read and Referred S Education and Workforce Development Committee

 

FHE appreciates your support of homeschooling and your willingness to stand with us to protect our Missouri homeschool freedoms. Thank you for being part of the team. It takes all of us to work together!!!
 

Thank you to all that joined FHE for the 2023 Homeschool Day at the Capitol!!

Save the date for next year, March 5, 2024, for the 2024 Homeschool Day at the Capitol.

(For more bill information visit www.house.mo.gov or www.senate.mo.gov)

 

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