reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.131 - County commission to administer county school fund — investments — distribution of income to schools.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 1998
166.131. County commission to administer county school fund — investments — distribution of income to schools. —
The county commission in each county shall administer the county school fund of the county. In each county wherein the annual distribution of the liquidated capital of the county school fund has not been ordered by the voters pursuant to sections 166.151 to 166.161, the proceeds of the fund shall be invested by the county commission in registered bonds of the United States, or in bonds of the state or in approved bonds of any city or school district thereof, or in bonds or other securities the payment of which is fully guaranteed by the United States government and shall be preserved as a county school fund. Annually, on or before September thirtieth, in each county of the state all interest accruing from the investment of the capital of the county school fund, if any, the clear proceeds of all penalties and fines collected for any breach of the penal laws of the state, the net proceeds from the sale of estrays, and all other money lawfully coming into the fund, shall be collected and distributed to the school districts of the county by the county clerk in the same proportion that the September membership of a school district, determined as provided in (1) of subdivision (8) of section 163.011 bears to the sum of the September membership of all the districts in the county. He shall immediately after making the apportionments enter them in a book to be kept for that purpose, and shall furnish each district clerk a copy of the apportionment. The county treasurer shall pay over to the treasurer of the school board of every district in the county the amount due each respective district. The clear proceeds of all forfeitures collected for any breach of the penal laws of the state distributed for education shall be transferred to the school building revolving fund.
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(L. 1963 p. 200 § 7-13 and p. 338 § 161.051, A.L. 1982 Adopted by Initiative, Proposition C, November 2, 1982, A.L. 1988 S.B. 789, A.L. 1998 H.B. 1265)
(Source: RSMo 1959 §§ 161.051, 171.010)
CROSS REFERENCE:
Multinational banks, securities and obligations of, investments in, when, 409.950
(1999) Section allocating forfeiture proceeds to school building revolving fund was within article IX, section 7 prerogative of distributing such proceeds "according to law". Ensor v. Director of Revenue, 998 S.W.2d 782 (Mo.banc).
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.141 - County treasurer to collect funds — receipts — penalty for violation.

Title XI EDUCATION AND LIBRARIES
Chapter 166
Effective - 28 Aug 1963
166.141. County treasurer to collect funds — receipts — penalty for violation. —
The county treasurer shall collect and deposit in the county school fund all moneys payable to the fund and shall give the party paying duplicate receipts therefor. The party shall file one of the receipts with the county clerk, who shall charge the amount to the county treasurer. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and punished by a fine not to exceed five hundred dollars.
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(L. 1963 p. 200 § 7-14)
(Source: RSMo 1959 § 171.070)
CROSS REFERENCES:
Fines, penalties and forfeitures into school fund, 271.370
Theatrical performances, shows and circuses tax, proceeds, 316.030
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.151 - Petition to distribute county school fund.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 1963
166.151. Petition to distribute county school fund. —
Whenever there is presented to the body having in its charge the capital of the county school fund of any county or the city of St. Louis a petition, signed by qualified electors of the county or the city of St. Louis equal in number to five percent of the voters casting a ballot in the county or the city of St. Louis for the office of governor at the last preceding general election at which the office was voted upon, praying that the proposal be submitted to the qualified electors for making annual distribution of the capital of the liquidated school fund, the body shall cause an election to be held upon the proposal.
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(L. 1963 p. 200 § 7-15)
(Source: RSMo 1959 § 171.020)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.161 - Election on proposal to distribute fund — annual apportionment of balance of fund — effect on state aid.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 01 Jan 1983, see footnote
166.161. Election on proposal to distribute fund — annual apportionment of balance of fund — effect on state aid. —
1. The proposal shall be submitted to the voters of the county.
2. The question shall be submitted in substantially the following form:
Shall there be an annual distribution of the capital of the liquidated county school fund?
3. If the proposal to distribute annually the capital of the liquidated county school fund receives a majority of the votes cast, the body having control of the county school fund shall proceed thereafter to distribute annually the liquidated fund to the school districts. The accumulated balance of the fund shall be apportioned on or before August thirty-first, of each year, until the fund is liquidated and the apportionment shall be made in the manner provided in section 166.131. When the capital of the liquidated county school fund is distributed to the school districts the fund shall not be counted as a deduction in calculating the equalization quota as defined in section 163.031.
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(L. 1963 p. 200 § 7-16, A.L. 1978 H.B. 971, A.L. 1982 Adopted by Initiative, Proposition C, November 2, 1982)
(Source: RSMo 1959 § 171.030)
Effective 1-1-83
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.275 - Appropriations to satisfy certain judgments transferred to school moneys fund — amount, distribution.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 01 Jul 2006, see footnote
166.275. Appropriations to satisfy certain judgments transferred to school moneys fund — amount, distribution. —
1. Any amount of the difference by which the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year 1999 is less than the amount appropriated for the same purpose in fiscal year 1994 in addition to any unexpended appropriation for the 1998 fiscal year that results in additional unobligated resources for the state in fiscal year 1999 shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031.
2. If the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year 2000 or any subsequent fiscal year is less than the amount appropriated for the same purpose in fiscal year 1999, any amount of the difference in addition to any unexpended appropriation for the prior fiscal year that results in additional unobligated resources for the state beginning in fiscal year 2000 shall be distributed as follows:
(1) Up to the first seventy-five million dollars of such funds, or such lesser amount determined by appropriation to be sufficient to fully fund subsections 1 and 2 of section 163.031, shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031; and
(2) Beginning in fiscal year 2000, after distributing funds pursuant to subdivision (1) of this subsection, the next twenty-five million dollars, or such lesser amount determined by appropriation to be sufficient, of the remaining funds shall be transferred to fully fund increases in appropriations for transportation categorical aid provided pursuant to section 163.031, and any remainder of such twenty-five million dollars shall be transferred to fund other categorical state aid provided pursuant to section 163.031; provided that, for school year 1999-2000 only, such increase in transportation funding may be placed by districts in their capital projects fund and shall be placed as otherwise provided by law in all other years; and
(3) After distributing funds pursuant to subdivisions (1) and (2) of this subsection, any remaining funds, or such amount determined by appropriation to be sufficient to fully fund subsections 1 and 2 of section 163.031, shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031.
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(L. 1993 S.B. 380 § 8 subsec. 2, A.L. 1995 S.B. 301, A.L. 1998 S.B. 781, A.L. 2005 S.B. 287)
Effective 7-01-06
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.400 - Citation of law.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021, 3 histories
166.400. Citation of law. —
Sections 166.400 to 166.455 shall be known and may be cited as the "Missouri Education Program".
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(L. 1998 H.B. 1694, A.L. 1999 S.B. 460, A.L. 2018 S.B. 882, A.L. 2021 H.B. 297)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.410 - Definitions.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021, 3 histories
166.410. Definitions. —
As used in sections 166.400 to 166.455, except where the context clearly requires another interpretation, the following terms mean:
(1)
"Beneficiary"
, any individual designated by a participation agreement to benefit from payments for qualified education expenses at an eligible educational institution;
(2)
"Benefits"
, the payment of qualified education expenses on behalf of a beneficiary from a savings account during the beneficiary's attendance at an eligible educational institution;
(3)
"Board"
, the Missouri education program board established in section 166.415;
(4)
"Eligible educational institution"
, an eligible educational institution as defined in Section 529 of the Internal Revenue Code, as amended;
(5)
"Financial institution"
, a bank, insurance company or registered investment company;
(6)
"Internal Revenue Code"
, the Internal Revenue Code of 1986, as amended;
(7)
"Missouri education program"
or
"program"
, the program created pursuant to sections 166.400 to 166.455;
(8)
"Participant"
, a person who has entered into a participation agreement pursuant to sections 166.400 to 166.455 for the advance payment of qualified education expenses on behalf of a beneficiary;
(9)
"Participation agreement"
, an agreement between a participant and the board pursuant to and conforming with the requirements of sections 166.400 to 166.455; and
(10)
"Qualified higher education expenses"
or
"qualified education expenses"
, the qualified costs of tuition and fees and other expenses for attendance at an eligible educational institution, as defined in Section 529 of the Internal Revenue Code, as amended.
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(L. 1998 H.B. 1694, A.L. 1999 S.B. 460, A.L. 2018 S.B. 882, A.L. 2021 H.B. 297)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.420 - Participation agreements, terms and conditions — contribution limitation — penalty.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021, 4 histories
166.420. Participation agreements, terms and conditions — contribution limitation — penalty. —
1. The board may enter into program participation agreements with participants on behalf of beneficiaries pursuant to the provisions of sections 166.400 to 166.455, including the following terms and conditions:
(1) A participation agreement shall stipulate the terms and conditions of the program in which the participant makes contributions;
(2) A participation agreement shall specify the method for calculating the return on the contribution made by the participant;
(3) The execution of a participation agreement by the board shall not guarantee that the beneficiary named in any participation agreement will be admitted to an eligible educational institution, be allowed to continue to attend an eligible educational institution after having been admitted or will graduate from an eligible educational institution;
(4) A participation agreement shall clearly and prominently disclose to participants the risk associated with depositing moneys with the board;
(5) Participation agreements shall be organized and presented in a way and with language that is easily understandable by the general public; and
(6) A participation agreement shall clearly and prominently disclose to participants the existence of any load charge or similar charge assessed against the accounts of the participants for administration or services.
2. The board shall establish the maximum amount that may be contributed annually with respect to a beneficiary.
3. The board shall establish a total contribution limit for savings accounts established under the program with respect to a beneficiary to permit the program to qualify as a "qualified state tuition program" pursuant to Section 529 of the Internal Revenue Code. No contribution may be made to a savings account for a beneficiary if it would cause the balance of all savings accounts of the beneficiary to exceed the total contribution limit established by the board. The board may establish other requirements that it deems appropriate to provide adequate safeguards to prevent contributions on behalf of a beneficiary from exceeding what is necessary to provide for the qualified education expenses of the beneficiary.
4. The board shall establish the minimum length of time that contributions and earnings must be held by the program to qualify pursuant to section 166.435. Any contributions or earnings that are withdrawn or distributed from a savings account prior to the expiration of the minimum length of time, as established by the board, shall be subject to a penalty pursuant to section 166.430.
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(L. 1998 H.B. 1694, A.L. 1999 S.B. 460, A.L. 2006 S.B. 641, A.L. 2010 S.B. 772, A.L. 2018 S.B. 882, A.L. 2021 H.B. 297)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.421 - Income tax refund, contribution to education savings account — election, how made.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2015
166.421. Income tax refund, contribution to education savings account — election, how made. —
1. A participant may elect to contribute all or part of a refund of personal income tax to an account that has been established under sections 166.400 to 166.456 by direct deposit to the financial institution managing the account. The amount elected to be contributed by the participant shall be at least twenty-five dollars and shall be as a contribution only for the tax year in which the refund is issued. The election to contribute may not be changed or revoked.
2. The election shall be made on a form prescribed by the department of revenue and filed with the taxpayer's tax return for the tax year or at such other time and in such other manner as the department may prescribe. The department of revenue shall prescribe the maximum number of accounts to which a taxpayer may elect to contribute a portion of the refund. Notwithstanding the limit prescribed by the department, a parent or legal guardian shall be permitted to contribute a portion of his or her refund to accounts held by each of his or her children.
3. The election to contribute all or a portion of a refund shall be void, and no portion of the refund may be contributed to an account if the taxpayer's refund is offset to pay amounts owed by the taxpayer.
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(L. 2015 S.B. 366)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.425 - Board to invest funds, use of funds — not deemed income, when.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021, 3 histories
166.425. Board to invest funds, use of funds — not deemed income, when. —
All money paid by a participant in connection with participation agreements shall be deposited as received and shall be promptly invested by the board. Contributions and earnings thereon accumulated on behalf of participants in the program may be used, as provided in the participation agreement, for qualified education expenses. Such contributions and earnings shall not be considered income for purposes of determining a participant's eligibility for financial assistance under any state student aid program.
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(L. 1998 H.B. 1694, A.L. 1999 S.B. 460, A.L. 2008 S.B. 863, A.L. 2018 S.B. 882, A.L. 2021 H.B. 297)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.430 - Cancellation of agreement, results — penalty.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2018, 2 histories
166.430. Cancellation of agreement, results — penalty. —
Any participant may cancel a participation agreement at will. The board shall impose a penalty equal to or greater than ten percent of the earnings of an account for any distribution that is not:
(1) Used exclusively for qualified education expenses of the designated beneficiary;
(2) Made because of death or disability of the designated beneficiary;
(3) Made because of the receipt of scholarship by the designated beneficiary;
(4) A rollover distribution, as defined in Section 529(c)(3)(C)(i) of the Internal Revenue Code; or
(5) Held in the fund for the minimum length of time established by the board.
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(L. 1998 H.B. 1694, A.L. 1999 S.B. 460, A.L. 2018 S.B. 882)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.435 - State tax exemption.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021, 6 histories
166.435. State tax exemption. —
1. Notwithstanding any law to the contrary, the assets of the program held by the board, the assets of any deposit program authorized in section 166.500, and the assets of any qualified tuition program established pursuant to Section 529 of the Internal Revenue Code and any income therefrom shall be exempt from all taxation by the state or any of its political subdivisions. Income earned or received from the program, deposit, or other qualified tuition programs established under Section 529 of the Internal Revenue Code, or refunds of qualified education expenses received by a beneficiary from an eligible educational institution in connection with withdrawal from enrollment at such institution which are contributed within sixty days of withdrawal to a qualified tuition program of which such individual is a beneficiary shall not be subject to state income tax imposed pursuant to chapter 143 and shall be eligible for any benefits provided in accordance with Section 529 of the Internal Revenue Code. The exemption from taxation pursuant to this section shall apply only to assets and income maintained, accrued, or expended pursuant to the requirements of the program established pursuant to sections 166.400 to 166.455, the deposit program established pursuant to sections 166.500 to 166.529, and other qualified tuition programs established under Section 529 of the Internal Revenue Code, and no exemption shall apply to assets and income expended for any other purposes. Annual contributions made to the program held by the board, the deposit program, and any qualified tuition program established under Section 529 of the Internal Revenue Code up to and including eight thousand dollars per taxpayer, and up to sixteen thousand dollars for married individuals filing a joint tax return, shall be subtracted in determining Missouri adjusted gross income pursuant to section 143.121.
2. If any deductible contributions to or earnings from any such program referred to in this section are distributed and not used to pay qualified education expenses, not transferred as allowed by 26 U.S.C. Section 529(c)(3)(C)(i), as amended, and any Internal Revenue Service regulations or guidance issued in relation thereto, or are not held for the minimum length of time established by the appropriate Missouri board, then the amount so distributed shall be included in the Missouri adjusted gross income of the participant, or, if the participant is not living, the beneficiary.
3. The provisions of this section shall apply to tax years beginning on or after January 1, 2008, and the provisions of this section with regard to sections 166.500 to 166.529 shall apply to tax years beginning on or after January 1, 2004.
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(L. 1998 H.B. 1694, A.L. 1999 S.B. 460, A.L. 2004 H.B. 959, A.L. 2008 S.B. 863, A.L. 2015 S.B. 366 §§ 166.435 and B, A.L. 2018 H.B. 1744 merged with S.B. 882, A.L. 2021 H.B. 297)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.440 - Assets not state property.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021, 2 histories
166.440. Assets not state property. —
The assets of the program shall at all times be preserved, invested and expended only for the purposes set forth in this section and in accordance with the participation agreements, and no property rights therein shall exist in favor of the state.
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(L. 1998 H.B. 1694, A.L. 2021 H.B. 297)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.445 - Rules, invalid, when.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 1998
166.445. Rules, invalid, when. —
Any rule or portion of a rule, as that term is defined in section 536.010, that is promulgated under the authority delegated in sections 166.400 to 166.455 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536. All rulemaking authority delegated prior to August 28, 1998, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1998, if it fully complied with the provisions of chapter 536. Sections 166.400 to 166.455 and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1998, shall be invalid and void.
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(L. 1998 H.B. 1694)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.450 - Review of program.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 1998
166.450. Review of program. —
The director of investment of the state treasurer's office shall, on a semiannual basis, review the financial status and investment policy of the program as well as the participation rate in the program. The director of investment shall also review the continued viability of the program and the administration of the program by the board. The director of investment shall report the findings annually to the board, which shall subsequently disclose such findings at a public meeting.
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(L. 1998 H.B. 1694)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.455 - Funds not state revenues.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 1999
166.455. Funds not state revenues. —
Money accruing to and deposited in individual savings accounts shall not be part of "total state revenues" as defined in Sections 17 and 18 of Article X of the Constitution of the State of Missouri and the expenditure of such revenues shall not be an expense of state government under Section 20 of Article X of the Constitution of the State of Missouri.
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(L. 1998 H.B. 1694, A.L. 1999 S.B. 460)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.456 - Confidentiality of information.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021, 3 histories
166.456. Confidentiality of information. —
All personally identifiable information concerning participants and beneficiaries of accounts established within the Missouri education program pursuant to sections 166.400 to 166.456 shall be confidential, and any disclosure of such information shall be restricted to purposes directly connected with the administration of the program.
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(L. 2002 H.B. 1086 merged with S.B. 776, A.L. 2018 S.B. 882, A.L. 2021 H.B. 297)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.500 - Citation of law.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2004
166.500. Citation of law. —
Sections 166.500 to 166.529 shall be known and may be cited as the "Missouri Higher Education Deposit Program".
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(L. 2004 H.B. 959)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.501 - Program established as alternative to Missouri education program.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2018, 2 histories
166.501. Program established as alternative to Missouri education program. —
Notwithstanding the provisions of sections 166.400 to 166.456 to the contrary, the higher education deposit program is established as a nonexclusive alternative to the Missouri education
*
program, and any participant may elect to participate in both programs subject to aggregate Missouri program limitations.
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(L. 2004 H.B. 959 § 166.505, A.L. 2018 S.B. 882)
*Statutory reference to "savings" program removed in accordance with section 3.060 based on the name change of the program in section 166.400 by H.B. 297, 2021.
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.502 - Definitions.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021, 3 histories
166.502. Definitions. —
As used in sections 166.500 to 166.529, except where the context clearly requires another interpretation, the following terms mean:
(1)
"Beneficiary"
, any individual designated by a participation agreement to benefit from payments for qualified higher education expenses at an eligible educational institution;
(2)
"Benefits"
, the payment of qualified higher education expenses on behalf of a beneficiary from a deposit account during the beneficiary's attendance at an eligible educational institution;
(3)
"Board"
, the Missouri education program board established in section 166.415;
(4)
"Eligible educational institution"
, an institution of postsecondary education as defined in Section 529(e)(5) of the Internal Revenue Code;
(5)
"Financial institution"
, a depository institution and any intermediary that brokers certificates of deposits;
(6)
"Internal Revenue Code"
, the Internal Revenue Code of 1986, as amended;
(7)
"Missouri higher education deposit program"
or
"deposit program"
, the program created pursuant to sections 166.500 to 166.529;
(8)
"Participant"
, a person who has entered into a participation agreement pursuant to sections 166.500 to 166.529 for the advance payment of qualified higher education expenses on behalf of a beneficiary;
(9)
"Participation agreement"
, an agreement between a participant and the board pursuant to and conforming with the requirements of sections 166.500 to 166.529;
(10)
"Qualified higher education expenses"
, the qualified costs of tuition and fees and other expenses for attendance at an eligible educational institution, as defined in Section 529(e)(3) of the Internal Revenue Code of 1986, as amended.
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(L. 2004 H.B. 959 § 166.510, A.L. 2018 S.B. 882, A.L. 2021 H.B. 297)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.511 - Prompt investment of moneys paid by participation agreements, use of moneys.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2004
166.511. Prompt investment of moneys paid by participation agreements, use of moneys. —
All money paid by a participant in connection with participation agreements shall be deposited as received and shall be promptly invested by the board or may be directly deposited by the board's agents. Contributions and earnings thereon accumulated on behalf of participants in the deposit program may be used, as provided in the participation agreement, for qualified higher education expenses.
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(L. 2004 H.B. 959 § 166.525)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.514 - Cancellation of agreements, penalty.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2004
166.514. Cancellation of agreements, penalty. —
Any participant may cancel a participation agreement at will. The board shall impose a penalty equal to or greater than ten percent of the earnings of an account for any distribution that is not:
(1) Used exclusively for qualified higher education expenses of the designated beneficiary;
(2) Made because of death or disability of the designated beneficiary;
(3) Made because of the receipt of scholarship by the designated beneficiary;
(4) A rollover distribution, as defined in Section 529(c)(3)(C)(i) of the Internal Revenue Code; or
(5) Held in the fund for the minimum length of time established by the board.
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(L. 2004 H.B. 959 § 166.530)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.517 - Assets used for program purposes only.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2004
166.517. Assets used for program purposes only. —
The assets of the deposit program shall at all times be preserved, invested, and expended only for the purposes set forth in this section and in accordance with the participation agreements, and no property rights therein shall exist in favor of the state.
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(L. 2004 H.B. 959 § 166.540)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.520 - Rulemaking authority.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2004
166.520. Rulemaking authority. —
Any rule or portion of a rule, as that term is defined in section 536.010, that is promulgated pursuant to sections 166.500 to 166.529 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536. All rulemaking authority delegated prior to August 28, 2004, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 2004, if it fully complied with the provisions of chapter 536. Sections 166.500 to 166.529 and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void.
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(L. 2004 H.B. 959 § 166.545)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.523 - Review of program by state auditor, when.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2004
166.523. Review of program by state auditor, when. —
The Missouri state auditor shall, on a semiannual basis, review the financial status and investment policy of the program as well as the participation rate in the program. The auditor shall also review the continued viability of the program and the administration of the program by the board. The auditor shall report the findings annually to the board, which shall subsequently disclose such findings at a public meeting.
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(L. 2004 H.B. 959 § 166.550)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.526 - Program moneys not part of total state revenues.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2004
166.526. Program moneys not part of total state revenues. —
Money accruing to and deposited in individual deposit accounts shall not be part of total state revenues as defined in Sections 17 and 18, Article X, Constitution of Missouri, and the expenditure of such revenues shall not be an expense of state government under Section 20, Article X, Constitution of Missouri.
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(L. 2004 H.B. 959 § 166.555)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.529 - Confidentiality requirements.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2004
166.529. Confidentiality requirements. —
All personally identifiable information concerning participants and beneficiaries of accounts established within the Missouri higher education deposit program pursuant to sections 166.500 to 166.529 shall be confidential, and any disclosure of such information shall be restricted to purposes directly connected with the administration of the program.
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(L. 2004 H.B. 959 § 166.556)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.700 - Definitions.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021
166.700. Definitions. —
As used in sections 166.700 to 166.720, the following terms mean:
(1)
"Curriculum"
, a complete course of study for a particular content area or grade level, including any supplemental materials;
(2)
"District"
, the same meaning as used in section 160.011;
(3)
"Educational assistance organization"
, the same meaning as used in section 135.712;
(4)
"Parent"
, the same meaning as used in section 135.712;
(5)
"Private school"
, a school that is not a part of the public school system of the state of Missouri and that charges tuition for the rendering of elementary or secondary educational services;
(6)
"Program"
, the same meaning as used in section 135.712;
(7)
"Qualified school"
, a home school as defined in section 167.031 or any of the following entities that is incorporated in Missouri and that does not discriminate on the basis of race, color, or national origin:
(a) A charter school as defined in section 160.400;
(b) A private school;
(c) A public school as defined in section 160.011; or
(d) A public or private virtual school;
(8)
"Qualified student"
, any elementary or secondary school student who is a resident of this state and resides in any county with a charter form of government or any city with at least thirty thousand inhabitants who:
(a) Has an approved "individualized education plan" (IEP) developed under the federal Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400, et seq., as amended; or
(b) Is a member of a household whose total annual income does not exceed an amount equal to two hundred percent of the income standard used to qualify for free and reduced price lunches, and meets at least one of the following qualifications:
a. Attended a public school as a full-time student for at least one semester during the previous twelve months; or
b. Is a child who is eligible to begin kindergarten or first grade under sections 160.051 to 160.055.
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(L. 2021 H.B. 349)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.710 - Annual audits of accounts — disqualification from program, when — referral for misuse of money — rulemaking authority.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021
166.710. Annual audits of accounts — disqualification from program, when — referral for misuse of money — rulemaking authority. —
1. Beginning in the 2023-24 school year and continuing thereafter, the state treasurer shall conduct or contract for annual audits, and may conduct or contract for random and quarterly audits as needed, of Missouri empowerment scholarship accounts to ensure compliance with the requirements of subsection 1 of section 166.705.
2. A parent, qualified student, or vendor may be disqualified from program participation if the state treasurer, or the state treasurer's designee, finds the party has committed an intentional program violation consisting of any misrepresentation or other act that materially violates any law or rule governing the program. The state treasurer may remove any parent or qualified student from eligibility for a Missouri empowerment scholarship account. A parent may appeal the state treasurer's decision to the administrative hearing commission. A parent may appeal the administrative hearing commission's decision to the circuit court of the county in which the student resides.
3. The state treasurer may refer cases of substantial misuse of moneys to the attorney general for investigation if the state treasurer obtains evidence of fraudulent use of an account.
4. The state treasurer shall promulgate rules containing the following to implement and administer the program:
(1) Procedures for conducting examinations of use of account funds;
(2) Procedures for conducting random, quarterly, and annual reviews of accounts;
(3) Creation of an online anonymous fraud reporting service;
(4) Creation of an anonymous telephone hotline for fraud reporting; and
(5) A surety bond requirement for educational assistance organizations.
5. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2021, shall be invalid and void.
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(L. 2021 H.B. 349)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 166 - Permanent Funds and Trusts › Section 166.715 - Misuse of moneys, penalty — financial institutions immunity from liability, when.

Title XI EDUCATION AND LIBRARIES
Chapter 166
• Effective - 28 Aug 2021
166.715. Misuse of moneys, penalty — financial institutions immunity from liability, when. —
1. A person commits a class A misdemeanor if the person is found to have knowingly used moneys granted under section 135.714 for purposes other than those provided for in sections 166.700 to 166.720.
2. No financial institution shall be liable in any civil action for providing a scholarship account's financial information to the state treasurer unless the information provided is false and the financial institution providing the false information does so knowingly and with malice.
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(L. 2021 H.B. 349)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 167 - Pupils and Special Services › Section 167.018 - Foster care education bill of rights — school district liaisons to be designated, duties.

Title XI EDUCATION AND LIBRARIES
Chapter 167
• Effective - 28 Aug 2009
167.018. Foster care education bill of rights — school district liaisons to be designated, duties. —
1. Sections 167.018 and 167.019 shall be known and may be cited as the "Foster Care Education Bill of Rights".
2. Each school district shall designate a staff person as the educational liaison for foster care children. The liaison shall do all of the following in an advisory capacity:
(1) Ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children;
(2) Assist foster care pupils when transferring from one school to another or from one school district to another, by ensuring proper transfer of credits, records, and grades;
(3) Request school records, as provided in section 167.022, within two business days of placement of a foster care pupil in a school; and
(4) Submit school records of foster care pupils within three business days of receiving a request for school records, under subdivision (3) of this subsection.
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(L. 2009 H.B. 154 merged with S.B. 291)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 167 - Pupils and Special Services › Section 167.022 - Request for records, placed pupils.

Title XI EDUCATION AND LIBRARIES
Chapter 167
• Effective - 28 Aug 1998
167.022. Request for records, placed pupils. —
Consistent with the provisions of section 167.020, within forty-eight hours of enrolling a nonresident pupil placed pursuant to sections 210.481 to 210.536, the school official enrolling a pupil, including any special education pupil, shall request those records required by district policy for student transfer and those discipline records required by subsection 9 of section 160.261 from all schools and other facilities previously attended by the pupil and from other state agencies as enumerated in section 210.518 and any entities involved with the placement of the student within the last twenty-four months. Any request for records under this section shall include, if applicable to the student, any records relating to an act of violence as defined under subsection 7 of section 160.262.
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(L. 1998 H.B. 1683)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 167 - Pupils and Special Services › Section 167.023 - Affidavit of expulsion for certain offenses required for student admission — false statements, penalty.

Title XI EDUCATION AND LIBRARIES
Chapter 167
Effective - 28 Aug 2000
167.023. Affidavit of expulsion for certain offenses required for student admission — false statements, penalty. —
Prior to admission to any public school, a school board may require the parent, guardian, or other person having control or charge of a child of school age to provide, upon enrollment, a sworn statement or affirmation indicating whether the student has been expelled from school attendance at any school, public or private, in this state or in any other state for an offense in violation of school board policies relating to weapons, alcohol or drugs, or for the willful infliction of injury to another person. Any person making a materially false statement or affirmation shall be guilty upon conviction of a class B misdemeanor. The registration document shall be maintained as a part of the student's scholastic record.
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(L. 1996 H.B. 1301 & 1298 § 4, A.L. 2000 S.B. 944)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 167 - Pupils and Special Services › Section 167.026 - Expungement of disciplinary records, exception.

Title XI EDUCATION AND LIBRARIES
Chapter 167
Effective - 28 Aug 1996
167.026. Expungement of disciplinary records, exception. —
1. The state board of education shall adopt a policy relating to the expungement of disciplinary records of pupils who have graduated or reached the age of twenty-one years.
2. Any school district may adopt a policy consistent with the policy adopted pursuant to subsection 1 of this section.
3. No such policy shall allow the expungement of any act listed in subsection 1 of section 167.115 unless the petition regarding the act was dismissed or the pupil has been acquitted or adjudicated not to have committed the act.
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(L. 1996 H.B. 1301 & 1298 § 7 subsecs. 1, 2, 3)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 167 - Pupils and Special Services › Section 167.027 - Student special education record deemed permanent record.

Title XI EDUCATION AND LIBRARIES
Chapter 167
Effective - 28 Aug 2023
167.027. Student special education record deemed permanent record. —
1. As used in this section,
"student special education record"
means the following:
(1) An individualized education program, or IEP, as such term is defined in 20 U.S.C. Section 1401, as amended;
(2) An individualized family service plan, or IFSP, as such term is defined in 20 U.S.C. Section 1401, as amended; and
(3) A 504 plan created under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 794, as amended.
2. For the 2023-24 school year and all subsequent school years, a student special education record shall be deemed a permanent record and shall be maintained as a part of a child's cumulative scholastic record.
3. Notwithstanding any other provision of law, rule, regulation, or policy to the contrary, no school district or public school shall destroy a child's most recent student special education record.
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(L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 167 - Pupils and Special Services › Section 167.029 - School uniforms.

Title XI EDUCATION AND LIBRARIES
Chapter 167
Effective - 28 Aug 2010
167.029. School uniforms. —
A public school district may require students to wear a school uniform or restrict student dress to a particular style in accordance with the law. The school district may determine the style and color of the school uniform.
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(L. 1996 H.B. 1301 & 1298 § 7 subsec. 4, A.L. 2010 H.B. 1543)
2023 Missouri Revised Statutes › Title XI - Education and Libraries › Chapter 167 - Pupils and Special Services › Section 167.034 - Absences in St. Louis City reported to children's division, when, notification requirements — duties of children's division.

Title XI EDUCATION AND LIBRARIES
Chapter 167
• Effective - 28 Aug 2014, 2 histories
167.034. Absences in St. Louis City reported to children's division, when, notification requirements — duties of children's division. —
1. In any city not within a county where a child under the age of seventeen required to attend school under section 167.031 accumulates fifteen or more absences during any one school year, the child's school district shall report such absences to the children's division within ten business days of the fifteenth day of absence. Such notification, which shall be in written form and retained in the student's school records, shall include:
(1) The student's full name and parents' or guardians' full names;
(2) The addresses and phone numbers of the student and parents or guardians;
(3) The student's date of birth and age;
(4) The student's current school and grade level;
(5) The student's current grades for all classes in which the student is enrolled; and
(6) The total number of days missed and specific days missed from school.
2. Upon receipt of a report of the absences of a child under this section, the children's division shall notify the child's parent or guardian that the child has accumulated fifteen or more absences and such report may be subject to the educational neglect provisions under section 210.145. The notification required under this section is required regardless of whether a student's parent or guardian contacted the school and approved of the absences.
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(L. 2006 S.B. 894 § 2, A.L. 2014 H.B. 1299 Revision)