HB 0050 Revises various laws regarding public schools
Current Bill Summary
- Prepared by Senate Research -

SCS/HCS/HB 50 The act makes various revisions pertaining to elementary and secondary education.

ASSESSMENT OF SPECIAL EDUCATION STUDENTS (160.518) - The act provides that Missouri Assessment Program (MAP) tests may be given at a developmentally appropriate level different from actual grade level for students receiving special education services, upon prior request of the school district and subject to approval of DESE. DESE may refuse to allow testing at the level requested and may require testing at the student's actual grade level. This act provides that a student whose disability does not prevent them from taking a test at grade level, as determined by the student's IEP committee, shall take the test at grade level.

This portion of the act is similar to SB 447.

SCHOOL ACCOUNTABILITY (160.522) - School districts shall provide the school accountability report card to any household with an enrolled student of the district. Distribution methods include: a) at time of enrollment, b) including with student grade reports, c) publishing in a newspaper, d) posting on the Internet, or e) making copies available at each school and administrative building. Distribution to district patrons and state Representatives and Senators shall only be made upon request. Average per pupil expenditure shall be reported for each attendance center, regardless of whether there are multiple attendance centers in the district at any particular grade level. Extracurricular activity reporting is deleted. School attendance, parent-teacher conferences and staff development shall be reported only by number of days, not hours.

This portion of the act is similar to the TAT version of SB 575.

URBAN SCHOOL DISTRICTS (162.481) - The act exempts Columbia 93 School District and Lee's Summit R-VII from a change in school board term otherwise required pursuant to section 162.481, RSMo, upon becoming an "urban school district" as defined in section 160.011, RSMo.

A "seven-director school district" shall also be an "urban school district" if it contains all or the greater part of a city with a population in excess of 70,000 persons. Both Columbia (2000 pop. of 84,531) and Lee's Summit (2000 pop. of 70,700) have reached the minimum population threshold by reason of the 2000 federal decennial census (figures were announced in March 2001), and the designation shall become effective for the coming school year.

In this act, the school board terms for Columbia and Lee's Summit district shall remain at three years, rather than increasing to six years, as provided for districts which become "urban". Similar language was previously enacted for Springfield, to allow for three-year board member terms.

RETESTING (167.640) - The act eliminates the mandatory retesting requirement in the following year for students scoring in the lowest level of proficiency on any assessment.

This portion of the act is contained in the TAT version of CCS/HCS/SB 319 from 2001.

PROMOTION OF STUDENTS (167.645) - The act requires that certain public school students receive summer school reading instruction. Local school districts are required to select a reading assessment mechanism and to assign third-grade and older students who are reading below grade level to be assessed for summer school placement. Special education students, student with limited English proficiency and students receiving services under Section 504 of the Rehabilitation Act of 1973 and which addressing reading are exempted from the required reading assessment. Third-grade students who read below the second grade level shall be required to complete at least thirty additional hours of reading instruction or practice outside the regular school day during the fourth grade and may also be required to attend summer school instruction. The Department of Elementary and Secondary Education shall all verifiable costs incurred by school districts in providing the additional 30 hours of reading instruction.

Students who complete summer school instruction shall be reassessed and if necessary receive further summer school placement, through the sixth grade. Students between grades four and six who transfer to the school district are also required to be assessed if not reading at or above grade level. If a student is reading below the fifth-grade level at the end of sixth grade, a notation will be made in the student's record that he or she is reading below minimal levels.

Special needs students are exempt from this section.

School districts are permitted to coordinate their summer school reading instruction programs with other summer school programs and may fulfill the requirement of offering such summer reading instruction by arrangement with neighboring districts.

The State Board of Education shall not use data concerning the number of students receiving additional reading instruction as part of its accreditation program for school districts. Each district shall make available, upon request, the number and percentage of students receiving remedial instruction under this act.

This portion of the act is similar to SCS/SB 239 and the perfected version of HB 50 and similar language is contained in the TAT version of CCS/HCS/SB 319 from 2001.

ASSESSMENT OF STUDENTS WITH LIMITED ENGLISH PROFICIENCY (167.648) - The performance of any student with limited English proficiency on the Missouri Assessment Program (MAP) shall not be considered in the accreditation of a school district for the first five years such student is educated in a Missouri public school.

This portion of the act is similar to language contained in the TAT version of CCS/HCS/SB 319 from 2001.

TEACHER LICENSES (161.229, 161.231, 168.021, 168.071, 168.073, 168.077, 168.082) - The act makes numerous changes to the process by which teachers' licenses may be revoked, suspended, or denied and requires that certain noncertificated employees undergo a background check. A successfully completed background check is included in the requirements for licensure. The list of grounds for discretionary revocation or denial of license shall include: 1) deception in obtaining a license, 2) revocation of existing license from another jurisdiction and 3) violation of a consent agreement. "Furnishing child pornography to a minor" is added to the list of offenses that require license revocation. The SCS clarifies that the State Board of Education as well as the school district may file licensure charges, that cases may be settled informally by agreements or voluntary surrender of license, and that licensure decisions are subject to judicial review. The SCS requires district employees and school board members who have direct knowledge of charges or convictions of any certificate holder that would result in license revocation or denial to report the charges to the superintendent, who must then notify DESE. Indemnity provisions for employees who make such disclosures are set out. Failure to report is a class A misdemeanor. The SCS adds sections that document the existence of attorney-client and work-product privilege of the department and that prohibit the disclosure of test scores, investigatory reports, and similar information concerning applicants or certificate holders except with written consent of the person whose records are involved or of the district where the person works or worked at the time of the incident that prompted the investigation. The person's address and licensure status are not confidential. A section outlining the subpoena powers of the department is added. DESE shall waive requirements for ESL certification to allow local school districts to base employment of teachers for ESL students on certain factors listed in the SCS.

This portion of the act is similar to HCS/HB 81.

PHONICS INSTRUCTION (170.014) - The act requires that public schools ensure that developmentally appropriate phonics instruction is provided in kindergarten through grade 3 as part of a balanced program of reading instruction. The State Board of Education must provide in-service training in such instruction. Teacher competency tests in grammar and developmentally appropriate phonics instruction will be required after July 1, 2005. School districts are required to make an effort to inform parents about reading instruction methods and materials used in kindergarten through grade 3.

This portion of the act is similar to SB 616.
OTTO FAJEN

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