167.131. District not maintaining a high school through twelfth grade shall pay tuition and transportation, when — amount charged. — 1. The board of education of each district in this state that does not maintain a high school offering work through the twelfth grade shall pay tuition as calculated by the receiving district under subsection 2 of this section and provide transportation consistent with the provisions of section 167.241 for each pupil resident therein who has completed the work of the highest grade offered in the schools of the district and who attends an accredited public high school in another district of the same or an adjoining county.
2. The rate of tuition to be charged by the district attended and paid by the sending district is the per pupil cost of maintaining the district's grade level grouping which includes the school attended. The cost of maintaining a grade level grouping shall be determined by the board of education of the district but in no case shall it exceed all amounts spent for teachers' wages, incidental purposes, debt service, maintenance and replacements. The term "debt service", as used in this section, means expenditures for the retirement of bonded indebtedness and expenditures for interest on bonded indebtedness. Per pupil cost of the grade level grouping shall be determined by dividing the cost of maintaining the grade level grouping by the average daily pupil attendance. If there is disagreement as to the amount of tuition to be paid, the facts shall be submitted to the state board of education, and its decision in the matter shall be final. Subject to the limitations of this section, each pupil shall be free to attend the public school of his or her choice.
Notes of Decisions
Turner v. Sch. Dist. of Clayton, 318 S.W.3d 660 (Mo. 2010).
· cites it 272× “The dispositive issue in this case is the declaration that the straightforward and unambiguous language of § 167.131, RSMo 2000, [1] applies as written.”
Breitenfeld v. Sch. Dist. of Clayton, 399 S.W.3d 816 (Mo. 2013).
· cites it 253× “In weighing this question, the trial court examined section 167.131, RSMo 1978, which provided that a student who completed the work of the highest grade offered in a school district that did not maintain an approved high school that offered work until grade 12 was entitled to…”
Blue Springs R-IV Sch. Dist. v. Sch. Dist. of Kansas City, 415 S.W.3d 110 (Mo. 2013).
· cites it 54× “Taxpayers in five school districts sued the Kansas City Public Schools (KCPS) and the State of Missouri alleging they are accredited school districts that are required by section 167.131 1 to accept transfer of students who reside in the unaccredited Kansas City school district.”
Janine Massey v. Normandy Schs. Collaborative, 492 S.W.3d 189 (Mo. Ct. App. 2016).
· cites it 21× “ent (“Judgment”), granting permanent injunctive and declaratory relief to the parents, guardians, and student plaintiffs (“Plaintiffs”) who had filed suit against the defendants, Pattonville, School District, Ritenour School District, Fergu: son-Florissant School District, and…”
Cass Cnty. v. Dir. of Revenue, 550 S.W.3d 70 (Mo. 2018).
· cites it 3× “The question presented was whether section 167.131, RSMo 2000, which requires unaccredited school districts to pay the tuition of residents attending accredited schools in other districts, was unconstitutional.”
King-Willmann Ex Rel. King v. Webster Groves Sch. Dist., 361 S.W.3d 414 (Mo. 2012).
· cites it 4× “Louis school district, that the school district was unaccredited, and that, pursuant to section 167.131, she was entitled to attend the public school of her choice in another district of the same or an adjoining county.”
Equity Fin. Resources, Inc. v. Howard Overman (Mo. Ct. App. 2021).
““The parents argue[d] that the tuition agreements should be terminated for lack of consideration and contend[ed] that they ha[d] a right to restitution because they [were] now paying tuition for an education their children should have received for free under § 167.131.” Id. at…”
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