Mo. Rev. Stat. » Chapter 160
Missouri Revised Statutes

Mo. Rev. Stat. § 160.051 (2026)

Public school system established

✓ current as of May 2026
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  160.051.  Public school system established — child attains age five, when — board shall provide free instruction for children between ages of five and six years — literacy programs — summer school for prekindergartners. — 1.  A system of free public schools is established throughout the state for the gratuitous instruction of persons between the ages of five and twenty-one years.  Any child whose fifth birthday occurs before the first day of August shall be deemed to have attained the age of five years at the commencement of the school year beginning in that calendar year or at the commencement of the summer school session immediately prior to the school term beginning in the school year beginning in that calendar year, whichever is earlier, for the purpose of apportioning state school funds and for all other purposes.

  2.  Public schools may establish family literacy programs for children of all ages and their families.

  3.  The department of elementary and secondary education shall not use school for kindergarten pupils in the summer preceding such pupils' regular fall starting date as an element of the standards of the Missouri school improvement program.

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(L. 1963 p. 200 § 1-5, A.L. 1967 p. 236, A.L. 1984 H.B. 1456 & 1197, A.L. 1985 H.B. 463, A.L. 1988 S.B. 797, A.L. 1990 S.B. 740, A.L. 1996 S.B. 572, A.L. 1999 H.B. 889, A.L. 2002 H.B. 1711)

Severability clause, see § 82.293.

Notes of Decisions
Cited in 5 cases, 1977–2008 · leading case: State Ex Rel. Yarber v. McHenry, 915 S.W.2d 325 (Mo. 1995).
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State Ex Rel. Yarber v. McHenry, 915 S.W.2d 325 (Mo. 1995). · cites it 4× “Similarly, in Missouri, § 160.051, RSMo 1986, mandates the establishment of schools for the "gratuitous instruction of children," and § 167.”
St. Louis Developmental Disabilities Treatment Ctr. Parents Ass'n v. Mallory, 591 F. Supp. 1416 (W.D. Mo. 1984). · cites it 4× “Mo.Rev.Stat. §§ 160.051, 162.670. At the beginning of the 1982-83 school year over 805,000 youngsters, including approximately 116,000 handicapped children were enrolled in Missouri’s public schools.”
Concerned Parents v. Caruthersville Sch. Dist. 18, 548 S.W.2d 554 (Mo. 1977). · cites it 2× “Const. art. XI, § 1 (1875), but the words therein as to free public schools and gratuitous instruction were the same as in art.”
Washington v. Ladue Sch. Dist. Bd. of Educ., 564 F. Supp. 2d 1059 (E.D. Mo. 2008). · cites it 2× “IX, § 1(a) and §§ 160.051 RSMo., because he was a Missouri resident less than 21 years of age.”
Reasoner ex rel. Reasoner v. Meyer, 766 S.W.2d 161 (Mo. Ct. App. 1989). · cites it 2× “IX, § 1(9); § 160.051, RSMo 1986. Once it is established that an interest is subject to due process protection, the question remains what process is due.”
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