The passage of Senate Bill 63 will mean substantial changes for the Missouri State High School Activities Association (MSHSAA) and its member schools.
While the bill awaits Gov. Mike Kehoe’s signature, the association is working now in anticipation of the bill becoming law in August. The final version of the bill is being analyzed to determine the path forward. Our priority is to fully educate our members about the law and to empower the schools to adjust the association’s rules to reflect the provisions within. We are working with the Missouri School Boards’ Association to provide guidance to school districts on policy modifications, and materials will be provided to the membership to assist in local education efforts.
It is too early to give definitive answers to specific questions regarding the ways in which the law will be realized in our schools and communities. Better information will be available in the coming weeks.
******** Missouri Senate Bill 63*********
Current Bill Summary
CCS/HCS/SS/SB 63 – This act creates and modifies provisions relating to the participation of certain students in nontraditional educational settings.
FPE SCHOOL STUDENTS (Section 167.013)
The act specifies that a family paced education or “FPE” school may enroll children who participate in the Missouri Empowerment Scholarship Accounts Program without being required to submit to a background check, rather than simply enrolling students who participate in such program.
DECLARATIONS OF INTENT TO HOME SCHOOL (Section 167.042)
Current law authorizes parents to submit a written declaration of intent to home school their child to the recorder of deeds of the county where the child legally resides or to the superintendent of the public school district where the child legally resides.
Under this act, if a parent makes a written notification of their intent to pursue other educational options for their child and requests that their child be dropped from the rolls in the child’s resident school district, the school shall comply with the request and remove the child from the rolls promptly.
This provision is identical to a provision in HCS/HB 31 (2025).
PARTICIPATION IN PUBLIC SCHOOL ACTIVITIES (Section 167.790)
The act provides that a school district or charter school shall not prohibit a student receiving instruction at an FPE school, home school, or full-time virtual school from participating, contingent upon the successful completion of a tryout if applicable, in any event or activity offered by the charter school or by the school district in which the student resides; nor shall such students be required to take any class in order to try out for and, contingent upon successful completion of a tryout if applicable, participate in an event or activity. Additionally, a school district or charter school shall not be a member of, or remit any funds to, any statewide activities association that would cause such school district or charter school to violate the act.
A school district or charter school may require students to participate in components of instruction that are required for participation in fine arts activities, career and technical student organizations, or integrated cocurricular activities. A school district or charter school may also establish an attendance policy for any required coursework, rehearsals, practice sessions, or training sessions that are directly related to and required for participation in an event or activity.
A school district or charter school may establish a disciplinary or attendance policy for any required coursework, rehearsals, practice sessions, or training sessions that are directly related to and required for participating in an event or activity. Any school disciplinary policies and attendance policies shall be applied in the same manner to all students who participate in or try out for an event or activity. A school district or charter school shall not establish a separate disciplinary or attendance policy for students who receive instruction at an FPE school, a home school, or a full-time virtual school.
If a student whose academic performance or disciplinary status would preclude such student from eligibility to participate in extracurricular events or activities in the student’s charter school or resident school district disenrolls from such charter school or school district in order to receive instruction at an FPE school, home school, or full-time virtual school, such student shall not be eligible to participate in charter school or public school events or activities in the charter school or school district of such student’s disenrollment for 12 calendar months from the date of disenrollment.
The parent of a home school or FPE school student shall oversee any academic standards relating to such student’s participation in a charter school or public school event or activity.
The act outlines certain criteria that FPE school, home school, and virtual school students shall satisfy in order to be eligible to try out for and, contingent upon the successful completion of a tryout if applicable, participate in charter school or public school activities in their school district of residence. For example, such students shall provide proof of residency in the district or within the boundaries of the attendance center or charter school in which they wish to participate in charter school or public school activities. They shall also adhere to the same behavior, responsibility, performance, and code conduct standards directly related to the event or activity as do students who are enrolled in the charter school or school district.
Any records created or retained by a charter school, school district, or attendance center under this act shall not be disclosed except as required by law.
As used in the act, the term “event or activity” shall not be construed to include other extracurricular gatherings or special occasions sponsored, organized, or provided for students that are not athletics, fine arts activities, integrated cocurricular activities, or other occurrences directly related to athletics, fine arts activities, or integrated cocurricular activities. No charter school, school district, or attendance center shall be required to establish or prohibited from a establishing a policy that includes or excludes the participation of FPE school, home school, or full-time virtual school students from such other extracurricular gatherings.
This provision is similar to HB 241 (2023), SB 835 (2022), HCS/HB 2369 (2022), HCS/HB 494 (2021), SCS/SB 875 (2020), HCS/HB 2273 (2020), SB 130 (2019), SB 726 (2018), SB 500 (2017), and provisions in SCS/SB 819 (2024), SB 902 (2024), HB 1905 (2024), HCS/SS/SCS/SBs 411 & 230 (2023), SCS/HC/HB 1540 (2020), and HCS/SS/SCS/SB 528 (2020).
OLIVIA SHANNON
