SB 55 Modifies provisions relating to education
Sponsor: Days
LR Number: 0154L.03C Fiscal Note: 0154-03
Committee: Education
Last Action: 5/15/2009 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS SB 55 Calendar Position:
Effective Date: Varies
House Handler: Wallace

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Current Bill Summary


HCS/SB 55 – This act modifies provisions relating to education.

MOTOR FUEL SALES TAX EXEMPTION: Any motor fuel sold to be used to operate school buses to transport students to or from school or for other educational purposes is exempt from the motor fuel tax.

This provision is identical to HB 87 (2009) and HB 112 (2009) and a provision contained in HCS/HB 958 (2009). (Section 142.814)

A+ SCHOOLS PROGRAM: Current law provides the same requirements and qualifications to participate in the A+ Schools Program for private career-technical schools and public career-technical schools. This act removes public career-technical schools from those requirements.

This provision is identical to HB 490 (2009), SB 493 (2009) and is similar to a provision contained in SS/SCS/SB 558 (2009). (Section 160.545)

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.

This provision is identical to SB 79 (2009) and SB 762 (2008) and is similar to SB 646 (2007). (Section 160.775)

TEACHING STANDARDS: This act requires the Department of Elementary and Secondary Education to develop standards for teaching in Missouri public schools by June 30, 2010, including public schools and charter schools. The teaching standards must include: having students actively participate and be successful in the learning process; forms of assessment to monitor and manage student learning; having the teacher be prepared and knowledgeable of content and maintain students' on-task behavior; having the teacher be current on instructional knowledge and explore changes in teaching behavior; and having the teacher act as a responsible professional in the mission of the school.

School districts must establish key criteria by which teaching may be evaluated under the teaching standards. The department must provide model criteria that districts may use. The teaching standards and criteria will serve as the basis for the establishment of district performance-based teaching evaluations and teacher professional development plans.

This provision is similar to SB 60 (2009) and a provision contained in HCS#2/SS/SB 291 (2009). (Section 161.390)

GED REVOLVING FUND: This act creates the GED Revolving Fund, which will be administered by the Commissioner of Elementary and Secondary Education. The Fund will consist of moneys appropriated by the General Assembly whose source are fees charged to GED test applicants and examinees. Moneys in the fund will be available for the payment of the costs and expenses for GED test administration.

This provision is identical to HB 373 (2009) and is similar to SB 492 (2009). (Section 161.860)

MODIFICATIONS TO A SPECIAL ADMINISTRATIVE BOARD GOVERNING A LAPSED SCHOOL DISTRICT: This act modifies the law regarding the operations of a special administrative board when a school district's corporate organization has lapsed after having been classified as unaccredited. Current law provides for three members on a special administrative board, one of whom will be a professional administrator and act as chair. This act allows the State Board of Education to appoint additional members. In addition, the State Board of Education may set a final term of office for any special administrative board member, after which a successor member must be elected by the school district as described in the act. If the State Board of Education appoints a successor member to replace the special administrative board's chair, the current members of the special administrative board may appoint a superintendent of schools and contract for his or her services. The State Board of Education may set a date on which the school district will return to local governance.

This provision is identical to SCS/HB 659 (2009) and is substantially similar to SB 443 (2009) and a provision contained in HCS#2/SS/SB 291 (2009). (Section 162.083)

SCHOOL DISTRICT 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.

This provision is identical to SB 925 (2008) and a provision contained in HCS#2/SS/SB 291 (2009). (Section 162.204)

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).

These provisions are identical to HB 289 (2009), SB 422 (2009), SCS/SBs 1225 & 1226 (2008) and HCS/HBs 1876 & 1877 (2008) and contains provisions identical to HB 265 (2007), HB 267 (2007), SB 133 (2007), SB 140 (2007), SB 147 (2007), and SB 148 (2007). (Sections 162.961 & 162.963)

VIRTUAL COURSES FOR SCHOOL DISTRICTS AND CHARTER SCHOOLS: This act provides that school districts that offer virtual courses to resident students who are enrolled in the school district shall receive state school funding. School districts may offer virtual courses through technological methods as described in the act that could take place outside of the regular school district facility. In addition, school districts may develop a virtual program for any grade level. Charter schools may also offer virtual courses for students enrolled in the charter school and receive state funding, as described in the act. Nothing in the act will preclude a private, parochial, or home school student residing within a school district offering virtual courses from enrolling in the school district for purposes of participating in virtual courses.

For purposes of calculation and distribution of funding, attendance of a student enrolled in a district virtual class will equal, upon course completion, ninety-four percent of the hours of attendance for such class delivered in the non-virtual program. Course completion will be calculated in two increments, fifty percent completion and one hundred percent. State funding will be distributed at the fifty percent increment and one hundred percent increment in an amount equal to forty-seven percent of hours of attendance possible for such course delivered in the non-virtual program of the school.

Any special school district must count any student's completion of a virtual course or program in the same manner as the district counts the completion of any other course or program.

School districts and charter schools must ensure that courses purchased from outside vendors are aligned with the Show-Me curriculum standards and comply with state requirements for teacher certification. A school district or charter school that offers virtual courses or develops virtual courses or a virtual program must ensure that they comply with various standards, as described in the act. A school district or charter school may contract with multiple providers of virtual courses or virtual programs, provided they meet all criteria for virtual courses or virtual programs under this section.

This provision is identical to a provision contained in HCS/SB 79 (2009) and is substantially similar to a provision contained in HCS#2/SS/SB 291 (2009). (Section 162.1250)

STATE FUNDING FOR ELEMENTARY AND SECONDARY EDUCATION: This act modifies the elementary and secondary education funding formula. It removes from the calculation of the state adequacy target the inclusion of the gaming revenues from the repeal of the loss limits. This becomes effective July 1, 2009.

Current law provides that current operating expenditures shall include, in part, any increases in state funding subsequent to fiscal year 2005, not to exceed 5%, per recalculation, of state revenue, received by a district in the 2004-2005 school year. This act removes the 5% limit on increases in state funding per recalculation. This becomes effective July 1, 2010.

This act defines "Gifted Education Pupil Count" as the number of students who qualify as "gifted" under Section 162.675 and who are enrolled in a school district's gifted education program on the last Wednesday in January for the preceding school year. This number must not exceed five percent of a school district's enrollment for the immediately preceding academic year. This act modifies the definition of "weighted average daily attendance" by including in the calculation the product of .25 multiplied by the number of the district's gifted education pupil count. This becomes effective July 1, 2010.

This act eliminates, after the 2008-2009 school year, the penalty on a school district that experiences a decrease in summer school average daily attendance of more than 35% from the 2005-2006 summer school average daily attendance.

These sections contain an emergency clause.

These provisions are substantially similar to provisions contained in HCS#2/SS/SB 291 (2009) and SCS/SBs 453 & 24 (2009). (Sections 163.011 & 163.031)

RECALCULATION OF STATE AID FOR RIVERVIEW GARDENS SCHOOL DISTRICT: This act requires the Department of Elementary and Secondary Education to recalculate the 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. The department must use the recalculation amount when distributing state aid for the 2009-2010 school year and subsequent years.

After the 2010-2011 fiscal year, the State Auditor must perform a follow-up audit for the school district to determine the extent to which the district has addressed the findings of the 2007 audit.

The district must obtain an independent appraisal prior to selling real property.

This section contains an emergency clause.

This provision is identical to HCS/HB 542 (2009) and is similar to SB 117 (2009), SB 888 (2008), SB 522 (2007), HB 698 (2007) and a provision contained in HCS#2/SS/SB 291 (2009). (Section 163.095)

FOSTER CARE EDUCATION BILL OF RIGHTS: This act establishes the "Foster Care Education Bill of Rights." Each school district must designate a staff person to be an educational liaison for foster care children. This liaison would assist with proper educational placements, transferring between schools, ensuring transfer of grades and credits, requesting school records, and submitting school records that have been requested.

A child placing agency will promote educational stability for foster care children when making placements. A foster care child may continue to attend his or her school of origin pending resolution of a dispute. Each school district must accept for credit any full or partial course work satisfactorily completed by a pupil while attending certain schools. A pupil who completes the graduation requirements of his or her school district of residence while under the jurisdiction of the juvenile court will receive a diploma

If a foster care pupil is absent from school because of a change in placement by the court or child placing agency, or because of a verified court appearance or related court-ordered activity, the pupil's grades and credits will be calculated as of the date the pupil left school. Such absence will not result in a lowering of the pupil's grades.

Subject to federal law, school districts are authorized to permit access of pupil school records to a child placing agency for the purpose of fulfilling educational case management responsibilities required by the juvenile officer or by law and to assist with the school transfer or placement of a pupil.

These provisions are identical to provisions contained in SCS/SB 96 (2009), HCS#2/SS/SB 291 (2009) and CCS#2/SS/HCS/HB 154 (2009) and are similar to provisions contained in SB 1000 (2008) and SB 630 (2007). (167.018 & 167.019)

PHYSICAL ACTIVITY REQUIREMENTS: Beginning with the 2010-2011 school year, school districts must ensure that students in elementary schools participate in moderate physical activity, as described in the act, for the entire school year for an average of 150 minutes per week, or thirty minutes per day. Students with disabilities must participate to the extent appropriate. Middle school students may, at the school's discretion, participate in at least 225 minutes of physical activity per week.

Elementary school students must be provided a minimum of one recess period of twenty minutes per day, which may be incorporated into the lunch period.

The Commissioner of Education must annually select for the recognition of students, schools, and school districts that are considered to have achieved improvement in fitness.

A school district may meet any of these requirements above the state minimum physical education requirement by additional physical education instruction or other activities approved by the individual school district under the direction of any certificated teacher or administrator or other school employee under the supervision of a certificated teacher or administrator.

This provision is similar to a provision contained in HCS/HB 509 (2009) and a provision contained in HCS#2/SS/SB 291 (2009). (Section 167.720)

VALIDITY AND TRANSFERABILITY OF FINGERPRINTS FOR TEACHER CRIMINAL BACKGROUND CHECKS: A criminal background check and fingerprint collection conducted for teachers and school employees will be valid for at least a period of one year and will be transferrable from one school district to another district. In addition, a change in a teacher's certification will have no effect on the transferability or validity of such records.

This provision is identical to a provision contained in HCS#2/SS/SB 291 (2009), HCS/SB 55 (2009), HCS/SB 79 (2009), and HCS/HB 689 (2009). (Section 168.133)

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 for supplemental educational services provider certification. In addition, the Department of Elementary and Secondary Education must not prohibit providers of supplemental and educational services from allowing students to retain equipment, including computers, used by them upon successful completion of supplemental and educational services.

This provision is identical to a provision contained HCS/SB 79 (2009) and HCS#2/SS/SB 291 (2009) and similar to a provision in SCS/HCS/HB 1722 (2008). (Section 170.400)

SCHOOL MAKE-UP DAYS FOR INCLEMENT WEATHER: Current law requires school districts to make up the first six days of school lost or canceled due to inclement weather and half the number of days lost or canceled in excess of six days. This act creates an exception for the 2008-2009 school year and subsequent school years. School districts may only have to make up a total of ten school days.

This provision is substantially similar to a provision contained in HB 682 (2009) and HCS#2/SS/SB 291 (2009). (Section 171.033)

MICHAEL RUFF