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MISSOURI
Compulsory Attendance Ages: “between the ages of 7 and 16 years.” Missouri
Annotated Statutes § 167.031. Beginning with the 2007-2008 school year, St.
Louis City has authorization to raise age to 17, but in that case the 1,000 hour
requirement and the record requirements in paragraph 2 would not apply.
Required Days of Instruction: 1,000 hours of instruction. At least 600 hours
must be in the five required subjects. At least 400 of the 600 must occur at
“the regular home school location.” Mo. Ann. Stat. § 167.031.2(2)(b). These
requirements must be met within the term (12 months or less) the parents
establish.
Required Subjects: Reading, math, social studies, language arts, and science.
Mo. Ann. Stat. § 167.031.2(2)(b).
Home School Statute: Mo. Ann. Stat. § 167.031.2. Home schools must meet the
following additional requirements:
1. A home school is defined as a school that:
a. “has as its primary purpose the provision of private or religious-based
instruction;
b. enrolls pupils between the ages of seven and sixteen years, of which no more
than four are unrelated” (no limit on number of related students); and
c. does not charge or receive tuition, fees or other remuneration. §
167.031.2(1)(a)-(c).”
2. Home schools must maintain the following records (there is no requirement to
submit them):
a. a plan book, diary, or other record indicating subjects taught and activities
engaged in;
b. and “a portfolio of samples of child’s academic work” or “other written
credible evidence, etc.”;
c. and “a record of evaluations of the child’s academic progress”;
d. or “other written, credible evidence equivalent to subparagraphs a) b) and
c)” § 167.031.2(2)(a). Parents have the option to follow: a, b, and c, or they
can choose to follow only d) which permits more flexibility.
3. “For the purpose of minimizing unnecessary investigations” parents “may
provide to the recorder of deeds of the county where the child legally resides,
a signed, written declaration of enrollment stating their intent” to home school
within thirty days after establishment of the home school and on Sept. 1 each
year thereafter. § 167.042. Filing is strictly optional. Filing may compromise
the family's privacy.
4. “Nothing in this section shall require a … home school to include in its
curriculum any concept, topic, or practice in conflict with the school’s
religious doctrines….” § 167.031.3.
5. “The production by a parent of a daily log showing that a home school has a
course of instruction which satisfies the requirements of this section (See 1
and 2 above) shall be a defense to any prosecution under this section and to any
charge or action for educational neglect.” § 167.031 (5).
6. This statute was passed as a result of the federal court decision Ellis v.
O’Hara, 612 F.Supp. 379 (D.C. Mo. 1985). The former law required home
instruction to be “at least substantially equivalent” to instruction in the
public schools. The court held: “This statute represents a prime example of
legislation which yields an unacceptable amount of discretion to officials
charged with enforcement. The statute, therefore, does not comply with due
process requirements, and is unconstitutionally vague.” Ellis at 381. The court
applied “stringent scrutiny” because this case involved “the constitutional
right of parents to direct the upbringing of their children and inculcate
religious and educational values in their offspring.” Id.
Teacher Qualifications: None.
Standardized Tests: None.
Religious Freedom Act: RSMo §§ 1.302 and 1.307
The Religious Freedom Restoration Act (RFRA), passed with the help of HSLDA
members, gives religious home schoolers another legal means to protect their
right to home school. If the parents’ free exercise of religion is substantially
burdened by having to comply with the homeschool law, the parents may use the
RFRA as a defense or file suit against the state. Under this statute, the burden
is on the state to prove that its requirement "furthers a compelling state
interest" and is the "least restrictive means" of fulfilling its interest that
children be educated. This Act restores the highest protection of the
individual's right to freely exercise his religious beliefs taken away by the
U.S. Supreme Court in its 1997 City of Boerne decision. 521 U.S. 507.
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