SS/SCS/HCS/HB 1722 – This act modifies provisions relating to elementary and school education. SCHOOL DISCIPLINE POLICIES & REPORTING REQUIREMENTS: Currently, school discipline policies must include a requirement that school administrators report acts of school violence to teachers with a need to know. This act provides that such acts of school violence must be provided to all teachers. Students on suspension for acts of violence or drug-related offenses cannot be within 1,000 feet of school property or any activity of the district without the consent of the superintendent. This act expands employee immunity from correctly following discipline policies to all policies. In addition, it allows school district personnel to use force to protect persons or property as long as no allegation of sexual misconduct arises and another school employee is present as a witness in the case of spanking. (Section 160.261, Section 167.115)
REBUILD MISSOURI SCHOOLS PROGRAM: This act creates the Rebuild Missouri Schools Program. The State Board of Education will distribute no-interest funding to school districts that have had one or more school facility severely damaged or destroyed due to an act of God or extreme weather event as described in the act. Such facilities must be located in an area declared a disaster area by the Governor or President.
An eligible school district applying for funding must enter into an agreement with the state board of education that specifies the following: the funding will only be used for the costs of an emergency project under the act; the school district will pay no interest for the funding; the school district must repay, subject to annual appropriation, the amount of the funding in annual installments, not more than twenty years from the date the funding is received by the school district; any repayment by the school district is annually subject to appropriation, which may be from the district's incidental fund or capital projects fund; and a pledge to the State Board of Education from the district of the use and occupancy of the school facilities that constitute the emergency project for a period ending not earlier than the date the repayment will be completed.
An eligible school district must repay the funding over a twenty-year period pursuant to an annual appropriation by the school district for repayment. Any funding awarded by the State Board of Education cannot exceed the cost of the emergency project minus the amount of any insurance proceeds or other moneys received. If a school district receives any insurance proceeds or other moneys after receiving funding, it must pay to the state board of education the amount by which the sum of the funding under the program plus insurance proceeds and other moneys exceeds the cost of the project as described in the act. If the Rebuild Missouri Schools Fund is no longer in existence, a school district must pay any payments into the General Revenue Fund.
Funding provided under this act, and a repayment obligation, will not be considered a constitutional or statutory debt limitation applicable to a school district.
The State Board of Education must promulgate rules and regulations but must not do so in a way to exclude a public school district that received severe damage after April 1, 2006 from participating in the program.
The provisions of this act will expire in six years unless reauthorized.
This section contains an emergency clause. (Section 160.459)
A+ SCHOOLS PROGRAM: This act allows a school district to participate in the A+ Schools Program regardless of its accreditation classification by the State Board of Education provided it meets all other requirements.
Current law provides that the Commissioner of Education establish a procedure for the reimbursement of the cost of tuition, books, and fees to any public community college or vocational or technical school for certain students. This act removes "books" from the items for which costs may be reimbursed. (Section 160.545)
SCHOOL FACILITIES AND SAFETY CRITERIA: By July 1, 2010, the State Board of Education must add to any school facilities and safety criteria developed for the Missouri School Improvement Program provisions that suggest that the drills required pursuant to the standard for safe facilities occur at least annually. All staff must receive sufficient training on the security and crisis management plan. (Section 160.660)
CYBERBULLYING & SCHOOL ANTI-BULLYING POLICIES: This act modifies the definition of "bullying" as used in antibullying policies that must be enacted by school districts. The definition of "bullying" shall include cyberbullying and electronic communications. (Section 160.775)
P-20 COUNCIL: This act allows the Governor to establish the "P-20 Council" as a private-not-for profit corporation on behalf of the state. The purpose of the P-20 Council will be to create a more efficient and effective education system to more adequately prepare students for entering the workforce and will be reflected in the articles of incorporation and bylaws.
The Council's board of directors will consist of thirteen members, including the Director of the Department of Economic Development, the Commissioner of Higher Education, the Chairperson of the Coordinating Board for Higher Education, the President of the State Board of Education, the Chairperson of the Coordinating Board of Early Childhood, and the Commissioner of Education as well as seven members appointed by the Governor as described in the act.
The Council may receive and borrow money, enter into contracts, and spend money for activities appropriate to its purpose. Duties of the Council may include: studying the potential for a state-coordinated economic and educational policy; determining where obstacles make state support of certain programs difficult; creating programs; and exploring ways to better align academic content. The Council must submit an annual report to the Governor and General Assembly containing information about its operations.
Any debts incurred by the Council will not be considered debt of the state. The Council is subject to an annual audit by the State Auditor and must pay for the cost.
This act allows the Department of Economic Development, the Department of Elementary and Secondary Education, and the Department of Higher Education to contract with the Council for activities described in the act.
This act repeals the statute requiring the Commissioner of Higher Education, the Chair of the Coordinating Board for Higher Education, the Commissioner of Education, the President of the State Board of Education, and the Director of the Department of Economic Development to meet and discuss ways to create a more efficient and effective education system. (Sections 160.800, 160.805, 160.810, 160.815, 160.820; repeal of 160.730)
SCHOOL VIOLENCE PREVENTION PROGRAMS: This act removes a statutory reference to section 166.260, which was repealed previously. (Section 161.650)
SCHOOL RECORDS: This act allows school districts to maintain permanent records in a digital or electronic format. School districts must follow the manufacturer's guidelines, suggestions, and recommendations when using digital or electronic storage media and must not use them beyond the manufacturer suggested or recommended period of time. (Section 162.204)
MISSOURI SCHOOLS FOR THE SEVERELY DISABLED: This act changes the name of the State Schools for Severely Handicapped Children to "Missouri Schools for the Severely Disabled." It also updates the name of the Division of Special Services within the Department of Elementary and Secondary Education to the Division of Special Education. (SECTIONS 162.675, 162.730, 162.740, 162.755, 162.780, 162.785, 162.810 & 168.520)
GIFTED CHILDREN: This act requires school districts to identify students who are academically gifted. The Department of Elementary and Secondary Education must develop a list of identification criteria for school districts to follow, with an emphasis on early identification. School districts may establish appropriate programs or services for academically gifted students who require programs or services beyond what is provided in the regular public school program. The State Board of Education will develop standards for such programs or services, which will be approved by the Department of Elementary and Secondary Education. Each school district must report annually to the Department on the programs or services provided to academically gifted students. (Section 162.720)
SPECIAL EDUCATION DUE PROCESS HEARINGS: This act provides local school boards the authority to identify a designee to bind the school district in a settlement agreement reached during the resolution session of a special education due process hearing.
Current law requires a five business day notice for the introduction of evidence at a special education due process hearing, with the exception of an expedited hearing. This act removes the exception for expedited hearings and applies the five-day notice period to expedited hearings as well.
This act will bring Missouri into compliance with the federal regulations implementing the Individuals with Disabilities Education Act (IDEA). (Sections 162.961 & 162.963)
SPECIAL EDUCATION PUPIL COUNT: This act modifies the definition of "special education pupil count" in the elementary and secondary foundation formula by including nonpublic students served through the federal Individual with Disabilities Education Act by the school district in which the nonpublic school is located. (Section 163.011)
HOMELESS CHILDREN & TRANSFER OF SCHOOL RECORDS: The act replaces the definition of "homeless children" with the federal definition when addressing residency requirements for school districts.
Current law requires a school official who enrolls a nonresident pupil to request student transfer records within forty-eight hours. This act requires a school official to request all education records deemed necessary by the school official for enrollment within two business days, including IEPs and health records. In addition, school districts may report or disclose education records to other state or local officials as described in the act. (Sections 167.020 & 167.022)
REPORTABLE OFFENSES FOR STUDENTS: When a student is found to have committed a reportable offense, the school district must attach notice of it to the student's permanent record and academic transcript. (Section 167.023)
STUDENT DRESS CODE: Currently, only the St. Louis City school district may require school uniforms. This act allows any school district to require students to wear a school uniform or restrict student dress to a particular style. (Section 167.029)
STUDENT EXPULSION: Current law provides that student suspension does not relieve the state or the suspended student's parents of their responsibility to educate the child. This act includes students who have received an expulsion from a public school district to those for whom the state or parents have a responsibility to educate. (Sections 167.161 & 167.164)
ADMINISTRATION OF MEDICATION OR MEDICAL SERVICES: This act exempts unqualified employees who refuse to administer medication or medical services from disciplinary action. Qualified employees are exempted from liability for administering medication or medical services, including CPR, when done in good faith and according to standard medical practices. Students may self-administer medication for chronic conditions. Employees trained and supervised by the school nurse are authorized to use an epinephrine auto-syringe on a student as described in the act. (Sections 167.621, 167.624, 167.627 & 167.630)
EMPLOYEE BACKGROUND CHECKS AND FINGERPRINT RECORDS: An employee background check and fingerprint record is good for one year and transferable from district to district. (Section 168.133)
CIVIL IMMUNITY FOR CERTAIN EDUCATION PERSONNEL: This act grants civil immunity to school districts and employees of school districts who report on or discuss employee job performance for the purpose of making employment decisions affecting the safety of students, and to certain employees of the Department of Elementary and Secondary Education. Specifically, civil immunity will be granted to DESE employees in the Educator Certification section and those whose job functions include handling personnel information, including but not limited to information relating to revocation or attempted revocation of teacher certification. In addition, civil immunity will be granted to DESE employees involved in the hiring of personnel for the State Schools for Severely Handicapped Children, Missouri School for the Blind, and Missouri School for the Deaf. (Section 168.390)
FINAL AVERAGE SALARY FOR PSRS MEMBERS: This act changes from ten percent to twenty percent the maximum percentage of increase in annual compensation from one year to the next in the final average salary period for members of the Public School Retirement System of Missouri other than a superintendent of schools or other certified central office personnel of a school district.
This section contains an emergency clause. (Section 169.010)
COURSES ON CONSTITUTION AND HISTORY: This act allows a school district to waive, for any student who transfers into the state, the statutory requirements that each student complete a course in federal or state constitution or history and satisfactorily complete an exam. The student must provide acceptable documentation that he or she successfully completed a course in ninth through twelfth grade on state, local, and federal governments and the electoral process. This act removes language regarding text selection and the termination of school personnel for willful neglect of this act. (Section 170.011)
INTERNET SAFETY INSTRUCTION FOR STUDENTS: This act requires each school district to provide age-appropriate instruction for all students in grades kindergarten through twelve regarding appropriate internet usage. Instruction shall include, when age appropriate, how to protect information, the safe use of email and electronic communication, the dangers of online predators and cyberharassment, and how to behave responsibly when using the internet, as described in the act. The Department of Elementary and Secondary Education must propose model curriculum for educating children on child online safety as described in the act. (Section 170.256)
SUPPLEMENTAL EDUCATIONAL SERVICES PROGRAMMING: Equipment and educational materials necessary for participation in supplemental educational services programming will not be deemed an incentive for purposes of compliance with the Department of Elementary and Secondary Education's rules and regulations. In addition, the Department of Elementary and Secondary Education must not prohibit providers of supplemental and educational services from allowing students to retain equipment used by them upon successful completion of supplemental and educational services. (Section 170.400)
SCHOOL CALENDAR: This act allows school boards to determine the number of days per week that school may be held and on which days of the week school may be held. In doing so, the school district must meet the minimum day and hour requirements for actual pupil attendance and not exceed the maximum length of the school day as specified. (Section 171.031)
KIDS' CHANCE SCHOLARSHIP FUND: This act modifies provisions relating to the Kids' Chance Scholarship Fund. Current law requires the Director of the Division of Workers' Compensation to deposit $50,000 annually into the Kids' Chance Scholarship Fund from 1999 until 2008. This act changes the termination date from 2008 to 2018 so that the Director will continue to deposit $50,000 annually until 2018. In addition, the Department of Higher Education may begin distributing any accrued interest in the fund as scholarships after the second Monday in October 2008. (Sections 173.256 & 173.258)
TRANSFER OF TITLE TO REAL PROPERTY WITH SCHOOL DISTRICTS: Current law provides that certain payments made from any source by a school district that result in the transfer of the title of real property to the school district shall be deducted as an adjustment to the funds payable to the district under the school funding formula. This act provides that any school district that leased modular buildings in fiscal year 2004, with lease payments made from the incidental fund and that initiates the transfer of title to the district after fiscal year 2007, shall not have an adjustment of funds take place. (Section 177.088)
MISSOURI CHILDREN'S SERVICES COMMISSION: The Missouri Children's Services Commission is required to recommend best practices for sharing agency information regarding students receiving state services by July 1, 2009. (Section 210.102)
COMPLIANCE WITH FEDERAL CHILDREN'S INTERNET PROTECTION ACT: This act requires any public or private school that receives state funds to certify to the secretary of state that is in compliance with, and eligible to receive funding under, the federal Children's Internet Protection Act prior to receiving such state funds. (Section 1)
COMMUNICATION OF CLOSED RECORDS BY LAW ENFORCEMENT: A law enforcement agency that maintains closed records of a child may communicate information in those records to another law enforcement agency if it has established reasonable suspicion that the child is involved in criminal activity or a criminal enterprise, that if committed by an adult, would be a felony.
The sending law enforcement agency may share intelligence data by letter, memorandum, teletype, intelligence alert and as described in the act.
A person who knowingly shares closed peace officers' records of a child other than authorized by law is guilty of a class A misdemeanor. (Section 2)
This act contains provisions that are similar to or are contained in HCS/HB 469 (2007), SB 995 (2008), SB 399 (2007); SB 925 (2008), SB 1221 (2008), HCS/HBs 1876 & 1877, HB 267 (2007), SB 140 (2007), SB 148 (2007), SB 762 (2008), SB 646 (2007); SCS/SB 994 (2008), HCS/HB 1774 (2008), SB 1144 (2008), SCS/HCS/HB 1807, SCS/SB 1170 (2008), SB 1047 (2008), HCS/HB 1305 (2008), SB 1085 (2008), HB 70 (2007), SB 839 (2008), SCS/SB 713 (2008), SB 1223 (2008).
MICHAEL RUFF
SA 1: THIS AMENDMENT REPEALS LANGUAGE THAT ALLOWED CERTAIN SCHOOL DISTRICTS TO ALLOW NON-RESIDENT CHILDREN OF ITS TEACHERS OR REGULAR EMPLOYEES TO ATTEND SCHOOL UPON PAYMENT OF TUITION IN THE SAME MANNER IN WHICH OTHER PUPILS NOT ENTITLED TO FREE INSTRUCTION WOULD BE ALLOWED TO ATTEND SCHOOL IN THE DISTRICT.
SA 2: THIS AMENDMENT ESTABLISHES THE FOSTER CARE EDUCATION BILL OF RIGHTS. IT ALSO REQUIRES THAT A CHILD IN FOSTER CARE OR A RESIDENTIAL CARE FACILITY RECEIVE A FULL SCHOOL DAY OF EDUCATION, WHICH IS DEFINED AS SIX HOURS UNDER THE GUIDANCE AND DIRECTION OF TEACHERS IN THE EDUCATION PROCESS, UNLESS OTHERWISE DETERMINED.
SA 3: THIS AMENDMENT MODIFIES THE A+ SCHOOLS PROGRAM. IT WOULD ALLOW ANY TWO-YEAR PUBLIC OR PRIVATE VOCATIONAL OR TECHNICAL SCHOOL TO OBTAIN A+ SCHOOLS PROGRAM REIMBURSEMENTS THAT MEET THE FOLLOWING REQUIREMENTS: THE SCHOOL MUST BE A MEMBER OF THE NORTH CENTRAL ASSOCIATION AND BE ACCREDITED BY THE HIGHER LEARNING COMMISSION; BE DESIGNATED AS A 501(C)(3) NON-PROFIT ORGANIZATION; CANNOT RECEIVE TUITION REIMBURSEMENTS IN EXCESS OF THE TUITION RATE CHARGED BY PUBLIC COMMUNITY COLLEGES FOR COURSEWORK OFFERED BY PRIVATE VOCATIONAL OR TECHNICAL COLLEGES WITHIN THE SERVICE AREA OF THE SCHOOL; AND REIMBURSEMENTS PROVIDED MUST NOT VIOLATE PROVISIONS OF ARTICLE IX, SECTION 8, OR ARTICLE I, SECTION 7 OF THE MISSOURI CONSTITUTION, OR THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION. THESE NEW REQUIREMENTS WILL NOT APPLY TO PUBLIC INSTITUTIONS CURRENTLY RECEIVING A+ REIMBURSEMENTS.
SA 4: THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MUST RECALCULATE STATE SCHOOL AID FOR THE RIVERVIEW GARDENS SCHOOL DISTRICT TO CORRECT AN ERROR BY THE DISTRICT IN PLACING FUNDS RECEIVED BY THE STATE FOR SCHOOL AID FOR FISCAL YEAR 2006 IN THE INCIDENTAL FUND, RATHER THAN THE CAPITAL PROJECTS FUND.
SA 5: BY JULY 1, 2009, THE DEPARTMENT OF HEALTH AND SENIOR SERVICES MUST ESTABLISH A SCHOOL-BASED INFLUENZA VACCINATION PILOT PROGRAM. PARTICIPATION IN THE PROGRAM WILL BE VOLUNTARY FOR BOTH THE STUDENTS AND THE SCHOOL DISTRICTS. WHEN CREATING THE PROGRAM, THE DEPARTMENT MUST USE A VACCINE THAT WILL CONSUME THE FEWEST MEDICAL SUPPLIES, SPEED ADMINISTRATION BY HEALTH OFFICIALS, AND CONTAIN THE LEAST POTENTIAL ADVERSE EFFECTS. THE DEPARTMENT MUST ALSO TAKE INTO ACCOUNT THE COST AND BENEFITS, FISCAL IMPACT, AND ANY BARRIERS TO IMPLEMENTING SUCH A PROGRAM. THE DEPARTMENT MUST WORK TO INCREASE INFLUENZA IMMUNIZATION AWARENESS AND PARTICIPATION AMONG PARENTS OF CHILDREN SIX MONTHS TO FIVE YEARS OF AGE IN CHILD CARE FACILITIES. THIS PROGRAM WILL EXPIRE IN SIX YEARS UNLESS REAUTHORIZED.
SA 8: A SCHOOL DISTRICT MAY IDENTIFY CREDITS THAT A STUDENT EARNED THROUGH THE VIRTUAL PUBLIC SCHOOL ON THE STUDENT'S DIPLOMA, TRANSCRIPT, OR IN THE STUDENT'S RECORDS. IN ADDITION, A SCHOOL DISTRICT MAY EXCLUDE CREDITS EARNED THROUGH THE VIRTUAL PUBLIC SCHOOL WHEN CALCULATING IN-DISTRICT ACADEMIC AWARDS.
SA 10: THIS AMENDMENT REQUIRES ENTITIES THAT PROVIDE CONSTRUCTION SERVICES ON THE PROPERTY OF PUBLIC ELEMENTARY AND SECONDARY SCHOOLS TO HAVE A DRUG TESTING PROGRAM IN PLACE.
SA 11: THIS AMENDMENT EXPANDS ELIGIBILITY FOR THE MISSOURI TEACHING FELLOWS PROGRAM. IT ALLOWS GRADUATES OF MISSOURI PUBLIC HIGHER EDUCATION INSTITUTIONS TO BE ELIGIBLE WHO HAVE ATTAINED A CERTIFICATE OF LICENSE TO TEACH, HAVE ATTAINED A BACHELOR'S OR GRADUATE DEGREE WITH AT LEAST A 3.25 GPA, ARE HIRED AS A TEACHER BY A SCHOOL DISTRICT DESCRIBED IN THE ACT, AND SIGN AN AGREEMENT WITH THE DEPARTMENT OF HIGHER EDUCATION. IT ALSO CHANGES THE REQUIRED CUMULATIVE GPA AT A MISSOURI HIGHER EDUCATION INSTITUTION FROM 3.0 TO 3.25 FOR STUDENTS WHO ENTER THE PROGRAM AS HIGH SCHOOL SENIORS.
SA 18: THE COORDINATING BOARD FOR HIGHER INSTITUTION MUST MAKE PROVISIONS FOR INSTITUTIONS TO AWARD A TUITION AND FEE WAIVER FOR UNDERGRADUATE COURSES AT STATE INSTITUTIONS FOR CERTAIN STUDENTS WHO HAVE BEEN IN FOSTER CARE AS DESCRIBED IN THE AMENDMENT.