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New Missouri Regulations Clarify Requirements Regarding School District Obligations to Ensure Contractors Do Not Use Unauthorized Alien Workers

The State of Missouri issued new state regulations that clarify school district obligations to ensure that contractors do not use unauthorized alien workers on projects for the district. The new regulations, issued on July 31, 2009 and available online at the Missouri Secretary of State’s website at http://www.sos.mo.gov/adrules/csr/current/15csr/15c60-15.pdf, require school districts and other political subdivisions to obtain an affidavit from bidders responding to requests for proposals for the award of any contract for services or grant in excess of five thousand dollars. The affidavit must contain:

  • a statement that the bidder has enrolled in, and is currently participating in, E-Verify, a federal work authorization program, or any other equivalent electronic verification of work authorization program operated by the United States Department of Homeland Security;
  • a statement that the business entity does not knowingly employ any person who is an unauthorized alien in conjunction with the contracted services; and
  • a notarized signature of the registered agent, legal representative of the business entity, or a corporate officer, including, but not limited to, the human resources director or equivalent for the business entity.

The regulations specify that school districts and other political subdivisions need only obtain the affidavit when the contract to be awarded is for services or a grant in excess of five thousand dollars. Accordingly, contracts for goods or products without any related services are not subject to these requirements. The new regulations were issued by the Missouri Attorney General’s Office and interpret RSMo § 285.530 et seq., which was enacted in 2008 and took effect on January 1, 2009.

School districts with questions about these new regulations or requirements may contact our Education Law attorneys for additional information at (816) 474-8100.