Law Changes Effective August 28, 2024
The Missouri Revised Statutes (RSMo) regulating home education are in “Pupils and Special Services” under RSMo 167.012 and the compulsory attendance statute, RSMo. 167.031, plus a few others. They are printed out for you below. We strongly recommend you purchase our publication, First Things First, to assist your compliance with our state's law.
You may also wish to read the law directly by searching each statute individually on the Missouri Revisor of Statutes Webpage.
To download a copy of the current Missouri Law in pdf format, Click here.
Missouri Homeschool Law
[Note: Effective August 28, 2024, our home school law has been placed in “Pupils and Special Services” title of RSMo 167.012 and 167.031. [Previously updated August 2009]
167.012. 1. For purposes of state law regarding this section and sections 161.670, 162.996, 167.013, 167.031, 167.042, 167.061, 167.600, 167.619, 210.167, 210.211, 211.031, and 452.375, a "home school" is a school, whether incorporated or unincorporated, that:
(1) Has as its primary purpose the provision of private or religious-based instruction;
(2) Enrolls children between the ages of seven years and the compulsory attendance age for the school district in which the home school is located, of which no more than four are unrelated by affinity or consanguinity in the third degree;
(3) Does not charge or receive consideration in the form of tuition, fees, or other remuneration in a genuine and fair exchange for provision of instruction;
(4) Does not enroll children who participate in the program established in sections 135.712 to 135.719 and sections 166.700 to 166.720; and
(5) Is not an FPE school.
2. Except as otherwise provided in this subsection, as evidence that a child is receiving regular instruction, the child's parent, guardian, or other person having control or custody of the child shall:
(1) Maintain the following records:
(a) a. A plan book, diary, or other written record indicating subjects taught and activities engaged in;
b. A portfolio of samples of the child's academic work; and
c. A record of evaluations of the child's academic progress; or
(b) Other written or credible evidence equivalent to subparagraphs a. to c. of paragraph (a) of this subdivision; and
(2) Offer at least one thousand hours of instruction, at least six hundred hours of which shall be in reading, language arts, mathematics, social studies, science, or academic courses that are related to such subject areas and consonant with the child's age and ability. At least four hundred of the six hundred hours shall occur at the regular home school location;
(3) The requirements of this subsection shall not apply to any pupil sixteen years of age or older.
3. The production of a daily log by a parent, guardian, or other person having control or custody of a child showing that a home school has a course of instruction that satisfies the requirements of this section and section 167.031 or, in the case of a pupil sixteen years of age or older who attended a metropolitan school district the year, a written statement that the pupil is attending home school in compliance with section 167.031 shall be a defense to any prosecution under section 167.031 and to any charge or action for educational neglect brought under chapter 210. Home school education enforcement and records pursuant to this section, and sections 210.167 and 211.031, shall be subject to review only by the local prosecuting attorney.
167.031. 1. (1) Every parent, guardian or other person in this state having charge, control or custody of a child is responsible for enrolling the child in a program of academic instruction in a public, private, parochial, parish school, home school, FPE school, or full time equivalent attendance in a combination of such schools between the ages of seven years and the compulsory attendance age for the district.
(2) Any parent, guardian, or other person who enrolls a child between the ages of five and seven years in a public school program of academic instruction shall cause such child to attend the academic program on a regular basis, according to this section. Nonattendance by such child shall cause such parent, guardian, or other responsible person to be in violation of the provisions of section 167.061, except as provided by this section. A parent, guardian, or other person in this state having charge, control, or custody of a child between the ages of seven years of age and the compulsory attendance age for the district shall cause the child to attend regularly some public, private, parochial, parish, home school, FPE school, or a combination of such schools not less than the entire school term of the school that the child attends; except that:
(a) A child who, to the satisfaction of the superintendent of public schools of the district in which such child resides, or if there is no superintendent then the chief school officer, is determined to be mentally or physically incapacitated may be excused from attendance at school for the full time required, or any part thereof;
(b) A child between fourteen years of age and the compulsory attendance age for the district may be excused from attendance at school for the full time required, or any part thereof, by the superintendent of public schools of the district, or if there is none then by a court of competent jurisdiction, when legal employment has been obtained by the child and found to be desirable, and after the parents or guardian of the child have been advised of the pending action; or
(c) A child between five and seven years of age shall be excused from attendance at school if a parent, guardian or other person having charge, control or custody of the child makes a written request that the child be dropped from the school's rolls; or
(d) A child may be excused from attendance at school for the full time required, or any part thereof, if the child is unable to attend school due to mental or behavioral health concerns, provided that the school receives documentation from a mental health professional licensed under chapters 334 or 337 acting within his or her authorized scope of practice stating that the child is not able to attend school due to such concerns.
2. Nothing in this section shall require a private, parochial, parish, home school, or FPE school to include in its curriculum any concept, topic, or practice in conflict with the school's religious doctrines or to exclude from its curriculum any concept, topic, or practice consistent with the school's religious doctrines. Any other provision of the law to the contrary notwithstanding, all departments or agencies of the state of Missouri shall be prohibited from dictating through rule, regulation, or other device any statewide curriculum for private, parochial, parish, home schools, or FPE schools.
3. A school year begins on the first day of July and ends on the thirtieth day of June following.
4. (1) As used in this section, the term "compulsory attendance age for the district" shall mean:
(a) Seventeen years of age for any metropolitan school district for which the school board adopts a resolution to establish such compulsory attendance age; provided that such resolution shall take effect no earlier than the school year next following the school year during which the resolution is adopted; and
(b) Seventeen years of age or having successfully completed sixteen credits towards high school graduation in all other cases.
(2) The school board of a metropolitan school district for which the compulsory attendance age is seventeen years may adopt a resolution to lower the compulsory attendance age to sixteen years; provided that such resolution shall take effect no earlier than the school year next following the school year during which the resolution is adopted.
5. For purposes of home school or FPE school credits toward high school graduation, as applied in subsection 4 of this section, a "completed credit towards high school graduation" shall be defined as one hundred hours or more of instruction in a course.
(This original law was enacted during the 1986 legislative session. The most recent revisions were made in August of 2009 and August 2024.) Note: In 1990, the law was modified to require parents who wish to remove five and six-year-old children from a public school setting to do so in writing. Again, this is merely a notification, not a request of permission.
167.042. For the purpose of minimizing unnecessary investigations due to reports of truancy, each parent, guardian, or other person responsible for the child who causes his child to attend regularly a home school may provide to the recorder of deeds of the county where the child legally resides, or to the chief school officer of the public school district where the child legally resides, a signed, written declaration of enrollment stating their intent for the child to attend a home school within thirty days after the establishment of the home school and by September first annually thereafter. The name and age of each child attending the home school, the address and telephone number of the home school, the name of each person teaching in the home school, and the name, address and signature of each person making the declaration of enrollment shall be included in said notice. A declaration of enrollment to provide a home school shall not be cause to investigate violations of section 167.031. The recorder of deeds may charge a service cost of not more than one dollar for each notice filed.
167.051. If a school board establishes part-time schools or classes for children under seventeen years of age, lawfully engaged in any regular employment, every parent, guardian or other person having charge, control or custody of such a child shall cause the child to attend the school not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the evening during the school year of the part-time classes.2. All children who are under eighteen years of age, who have not completed the elementary school course in the public schools of Missouri, or its equivalent, and who are not attending regularly any day school shall be required to attend regularly the part-time classes not less than four hours a week between the hours of eight o'clock in the morning and five o'clock in the afternoon during the entire year of the part-time classes.
167.052. The provisions of sections 167.031 and 167.051 affecting a metropolitan school district shall be effective for the school year beginning 2007-08 and shall terminate after the school year ending 2011-12.
167.061. Any parent, guardian or other person having charge, control or custody of a child, who violates the provisions of section 167.031 is guilty of a class C misdemeanor. Upon conviction and pending any judicial appeal, the defendant shall be required to enroll the child in a public, private, parochial, parish or home school within three public school days, after which each successive school day shall constitute a separate violation of section 167.031. The fine or imprisonment, or both, may be suspended and finally remitted by the court, with or without the payment of costs, at the discretion of the court, if the child is immediately placed and kept in regular attendance at a public, private, parochial, parish or home school and if the fact of regular attendance is proved subsequently to the satisfaction of the court. A certificate stating that the child is regularly attending a public, private, parochial or parish school and properly attested by the superintendent, principal or person in charge of the school is prima facie evidence of regular attendance by the child.
210.167. If an investigation conducted by the children's division under section 210.145 reveals that the only basis for action involves a question of an alleged violation of section 167.031, then the local office of the division shall send the report to the school district in which the child resides. The school district shall immediately refer all private, parochial, parish or home school matters to the prosecuting attorney of the county wherein the child legally resides. The school district may refer public school violations of section 167.031 to the prosecuting attorney.
211.031.4. When an investigation by a juvenile officer pursuant to this section reveals that the only basis for action involves an alleged violation of section 167.031 involving a child who alleges to be home schooled, the juvenile officer shall contact a parent or parents of such child to verify that the child is being home schooled and not in violation of section 167.031 before making a report of such a violation. Any report of a violation of section 167.031 made by a juvenile officer regarding a child who is being home schooled shall be made to the prosecuting attorney of the county where the child legally resides.
Missouri Revised Statutes
that provide protection to homeschooled graduates applying for the Highway Patrol
and State and Local government employment
43.060.1. Patrolmen and radio personnel shall not be less than twenty-one years of age. No person shall be appointed as superintendent or member of the patrol or as a member of the radio personnel who has been convicted of a felony or any crime involving moral turpitude, or against whom any indictment or information may then be pending charging the person with having committed a crime, nor shall any person be appointed who is not of good character or who is not a citizen of the United States and who at the time of appointment is not a citizen of the state of Missouri; or who has not completed a high school program of education under chapter 167, or who has not obtained a General Educational Development (GED) certificate, and who has not obtained advanced education and experience as approved by the superintendent, or who does not possess ordinary physical strength, and who is not able to pass the physical and mental examination that the superintendent prescribes.
105.255.1. No municipal fire department, municipal police department, state agency, state department, or political subdivision of the state shall discriminate in hiring, placement, treatment, or prerequisite requirements for any employment or services of an individual based on the elementary or secondary education program that the individual is completing or has completed, provided that such elementary or secondary education program is permitted under Missouri law.
2. Nothing in this section shall prohibit an employer from requiring an individual to have other abilities or skills applicable to the duties of a position.
3. This section shall not apply to any private employer.
590.030.1. The POST commission shall establish minimum standards for the basic training of peace officers. Such standards may vary for each class of license established pursuant to subsection 2 of section 590.020.
2. The director shall establish minimum age, citizenship, and general education requirements and may require a qualifying score on a certification examination as conditions of eligibility for a peace officer license. Such general education requirements shall require completion of a high school program of education under chapter 167 or obtainment of a General Educational Development (GED) certificate.
Note: This document is for information only. For legal advice contact an attorney.
To view the Revised Missouri Statutes go the Missouri Statutes web page.
