Missouri Revised Statutes

Mo. Rev. Stat. § 167.031 (2026)

School attendance compulsory, who may be excused

✓ current as of May 2026

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167.031. School attendance compulsory, who may be excused — nonattendance, penalty — school year defined — compulsory attendance age for the district defined. — 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 chapter* 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.

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(L. 1963 p. 200 § 8-3, A.L. 1977 H.B. 130, A.L. 1986 S.B. 795, A.L. 1990 S.B. 740, A.L. 1993 S.B. 380, A.L. 2004 S.B. 968 and S.B. 969, A.L. 2006 H.B. 1182, A.L. 2008 H.B. 1550, A.L. 2009 S.B. 291, A.L. 2024 S.B. 727)

(Source: RSMo 1959 § 164.010)

*Word "chapters" appears in original rolls.

CROSS REFERENCE:

Average daily attendance defined for apportionment of school money, 163.011

Notes of Decisions

Cited in 31 cases (4 in the last 5 years), 1966–2025 · leading case: State v. Self, 155 S.W.3d 756 (Mo. 2005).

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State v. Self, 155 S.W.3d 756 (Mo. 2005). · cites it 36× “Self with the class C misdemeanor of failing to cause her child to attend school on a regular basis, in violation of section 167.031, and punishable under section 167.”

In Re Monnig, 638 S.W.2d 782 (Mo. Ct. App. 1982). · cites it 19× “The terms of § 167.031 enjoin upon every parent, guardian or other person in charge, custody or control of a child between the ages of seven and sixteen years to cause the infant to attend regularly some day school, public, private, parochial or parish .”

Paul L. Pasternak v. Denise M. Pasternak, 467 S.W.3d 264 (Mo. 2015). · cites it 5× “For the eighth factor, the trial court simply stated: "Neither parent intends to home school either- child as defined by Section 167.031, RSMo. Neither child testified.”

Wisconsin v. Yoder, 406 U.S. 205 (1972). · cites it 2× “149, § 86 (1971); Mo. Rev. Stat. §§ 167.031 , 294.051 (1969); Nev.”

State Ex Rel. Yarber v. McHenry, 915 S.W.2d 325 (Mo. 1995). · cites it 4× “051, RSMo 1986, mandates the establishment of schools for the "gratuitous instruction of children," and § 167.031, RSMo 1986, provides for compulsory attendance.”

Ellis v. O'Hara, 612 F. Supp. 379 (E.D. Mo. 1985). · cites it 8× “Plaintiffs asked the Court to declare the Missouri compulsory education statute, § 167.031 R.S.Mo. (1978) void for vagueness and overbreadth.”

State v. Davis, 598 S.W.2d 189 (Mo. Ct. App. 1980). · cites it 15× “and Alyne Davis, the parents of 13 year old David Neal Davis, were court-convicted of violating the compulsory school attendance law, § 167.031, [1] and were each sentenced by the trial judge to serve ten days in the county jail and pay a fine of $25, pursuant to the penalty…”

Noland-Vance v. Vance, 321 S.W.3d 398 (Mo. Ct. App. 2010). · cites it 3× “The fact that a parent sends his or her child or children to a home school, as defined in section 167.031, RSMo, shall not be the sole factor that a court considers in determining custody of such child or children.”

Heslop v. Sanderson, 123 S.W.3d 214 (Mo. Ct. App. 2003). · cites it 3× “Immediately following the list of express factors to be considered, § 452.”

Paster v. Tussey, 512 S.W.2d 97 (Mo. 1974). · cites it 6× “As used in this section, the following terms shall have the meaning indicated unless the context otherwise requires: (1) "School" means any elementary or secondary school, public or non-public, nonprofit, within this state, and wherein a resident of the state may legally fulfill…”

Abernathy v. Meier, 45 S.W.3d 917 (Mo. Ct. App. 2001). · cites it 3× “The fact that a parent sends his or her child or children to a home school, as defined in section 167.031, RSMo, shall not be the sole factor that a court considers in determining custody of such child or children.”

State v. Fanning, 557 S.W.3d 449 (Mo. Ct. App. 2018). · cites it 15× “FACTUAL AND PROCEDURAL HISTORY In 2017, the State charged Fanning with violating the compulsory school attendance law, Sections 167.031 and 167.061, by failing to cause her son to attend a required academic program on a regular basis.”

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