HCS/SB 780 - This act makes many general revisions to school laws. Three new sections are enacted, thirty-nine sections are revised with primarily technical changes, except as noted below, and thirty-eight sections are repealed. The sections affected generally contain detailed requirements pertaining to the establishment and operation of schools and school districts.

NEW SECTIONS

161.220 - The Department of Elementary and Secondary Education shall make an annual report on recruitment and retention of teachers. This provision is also included in HCS/SS/SCS/SB 781.

168.231 - If the responsibility for educating all or some of the pupils of the Special School District of St. Louis County (SSD) is transferred to one or more school districts, such school districts shall honor SSD teacher contracts, including tenure status and salary scale position and shall pay similar fringe benefits. Such receiving school districts shall also honor SSD employment contracts of non-teaching personnel and shall employ as many of such personnel as practicable and pay similar salaries and benefits.

Section 1 - No teacher may be certified in elementary or early childhood education after August 28, 2000, unless the teacher has had training in the teaching of phonics. No current teacher shall be recertified in elementary or early childhood education after August 28, 2004 without a passing grade in a three-hour course in methods of teaching reading.

SECTIONS REVISED

160.526 - Extends the period within which the General Assembly may veto implementation of the statewide academic assessment system by concurrent resolution from 30 legislative days to 2 years.

161.527 - Only financially stressed districts with below average assessed valuation per pupil shall be exempted from Prop C rollbacks. The average wealth shall be based upon the data year used to calculate the Guaranteed Tax Base (GTB) for the year the rate is not lowered, which is the third year preceding such year. The district's assessed valuation shall be based upon the data year used for state aid payment in the year the rate is not lowered, which is the data from the preceding year.

162.261 - If there are more than three vacancies on a seven- director board, the vacancies shall be filled by the county commission, rather than the remaining members of the board.

162.321 - Removes detailed notice requirements concerning change of district name.

162.371 - Removes requirement for board secretary to issue certificates of election to newly-elected board members.

162.391 - Board members may not hold paid position with the school district. The act applies the same language to all seven- director districts.

162.411 - All school boards may employ an attorney on retainer basis if needed.

162.955, 162.961, 162.963 - The act establishes an expedited due process hearing so that parents of a child receiving special education services may challenge certain aspects of placements resulting from disciplinary procedures. This provision is the same as HB 1683.

163.011 - "Operating levy" is redefined to allow districts making no lease purchase payments and no part of the 18 cents plus 6 cents of operating fund transfers for capital under 165.011 to include up to eighteen cents of the debt service or capital projects fund levy as part of the operating levy and generate additional state aid. Of this eighteen cents, any amount over ten cents must have been approved by the voters after August 28, 1993. (Same as SCS/SB 502).

The act also revises the "recalculated" levy used to determine state aid for districts forced to roll back their operating levy due to reassessment. A portion of the recalculated levy, based upon the ratio of the district's assessed valuation per pupil to the GTB, shall be retained for state aid purposes when the district votes an increase in operating levy in the year of reassessment or in a subsequent year. Currently, when a district votes a tax increase after reassessment, the recalculated levy is eliminated and the actual operating levy is used to calculate state aid.

163.021 - For 1998 and thereafter, a district's operating levy shall include no more than ten cents of the (up to eighteen cents of) debt service or capital projects levy included in the operating levy under Section 163.011, RSMo, for the purpose of complying with the $2.75 minimum levy requirement. (Same as SCS/SB 502)

163.172 - The current minimum salary for teachers is $18,000 per year. The act increases this to $19,000 for school year 1999-2000 and to $20,000 for school year 2000-2001 and thereafter. The current minimum salary for a full-time teacher with at least a master's degree and ten years teaching experience is $24,000. The act increases this to $25,000 for school year 1999-2000 and to $26,000 for school year 2000-2001 and thereafter.

Certain districts qualify for minimum salary aid under this section. The act revises these criteria and removes the limitation that such payment may only be received for the first three years the district is qualified for such aid. Financially stressed districts are exempted for the new criteria and may qualify for minimum salary aid by complying with requirements for financially stressed districts.

164.161 - School district debt may not exceed the maximum percentage authorized pursuant to the Constitution. Current law limits debt to ten percent of the district's assessed valuation. This section has an emergency clause.

164.221 - Redeemed bonds of school districts may be destroyed by the financial institution acting as the paying agent.

165.011 - State aid based upon any part of the debt service or capital projects fund levy shall be placed to the credit of that fund. (Same as SCS/SB 502)

Districts may annually make transfers of operating funds to the capital projects fund and accumulate such funds without the limitation that such funds be used to satisfy current year expenditures.

The act allows school districts to transfer from operating funds to the capital projects fund, prior to June 30, 1999, any amount of the transfer previously allowed pursuant to Section 165.011, RSMo, until June 30, 1995 and which was not made by that date. Current law allowed districts, prior to June 30, 1995, to "sweep" funds from the operating funds to the capital projects fund until the operating fund balance was reduced to no less than 8% of the operating fund expenditures for the 1994-95 school year.

165.031 - The act removes some technical requirements concerning issued of duplicate checks for lost or destroyed checks.

165.221 - The act removes technical requirements regarding the division of school funds for bids by financial institutions seeking deposit of such funds.

166.131 - The act would place forfeiture proceeds in the School Building Revolving Fund (SBRF)

166.300 - No more than a total of $440 million shall be transferred to the SBRF. The SBRF is amended to provide funds to school districts for lease purchases. Lease purchase property shall remain in the ownership of the state until the lease purchase is completed, which shall be completed in no longer than ten years.

If the fund balance in the SBRF is insufficient to fund all eligible projects, projects will be ranked, and the highest ranking projects shall be funded first. Repayment terms and penalties are included. This provision is the same as HB 1265.

167.161 - The act removes the requirements for prior hearing and notice for suspension of pupils with felony violations.

167.191 - A teacher or principal may require a child to be examined and may exclude children with contagious diseases from attending school.

167.211 - The act removes restrictions on the price of school lunch. Current law provides that lunch may not be sold under cost, with certain exceptions.

167.251 - The act removes the requirement that all school bus drivers shall give a performance bond. Capital expenses for transportation shall be made from the capital projects fund, not the operating funds.

167.260 - To be eligible for programs for developmentally delayed and at-risk three- and four-year-olds, a child shall be at least three years of age on August first.

167.268 - No student shall be promoted to the next grade if the student is more than one grade level behind in reading unless a learning disability or physical disability prevents compliance.

167.275 - Dropouts shall be reported to state literacy hotline. The act defines "four-year, public high school graduation rate". The Department shall annually report this graduation rate to the Governor and General Assembly.

168.181 - The act removes restrictions of hiring of clerical help and telephone service.

168.201 - Superintendent's contracts (except in St. Louis City) may be for a term of up to three years.

168.211 - The act removes the requirement that the superintendent for St. Louis City school district shall post a bond of no less than $50,000.

168.221 - The act removes tenure as a principal for principals in St. Louis City school district, and increases the probationary employment period for St. Louis City school teachers from three to five years.

168.400 - Each faculty member of an approved teacher training program shall participate in a total of at least forty hours of one or more of the following activities every five years: direct instruction in schools, mentoring, substitute teaching, job shadowing and action research.

170.250 - Current law provides that the state sales and use tax revenues from rental of films, records and videos shall be used to fund the Video Instructional Development and Educational Opportunity Program. The act eliminates the requirement that such tax revenues be transferred to General Revenue beginning on January, 1, 1999.

171.031 - The act removes current law restrictions on school term starting date.

171.181 - Makes technical revisions to the prohibition on school board members and employees selling or providing commodities to the school district.

177.011 - The act removes restrictions on the leasing or renting of school buildings.

177.031 - The act removes detailed requirements regarding the provision of school equipment.

177.073 - Districts may purchase sites and facilities in another district with the approval of both school boards. Properties outside the school district may not be leased. Sale, purchase and lease of property may be made upon a vote of the majority of the board.

177.086 - Bidding requirements for construction of facilities may be waived in an emergency.

177.161 - Bidding requirements for construction of facilities in St. Louis City school district may be waived in an emergency. The minimum project amount requiring a bid is raised to $12,500.

178.290 - The act removes the petition requirement for establishment of night schools in urban districts.

SECTIONS REPEALED

161.102 - State Board to adopt rules concerning courses in physical education and provide manual procedure.

161.205 - Legislative summary of changes in juvenile law, distribution, announcement, when required.

162.152 - Section of district reorganization created duties.

162.171 - Reorganization plans may be proposed.

162.181 - Reorganization, procedure.

162.191 - Election in proposed district.

162.201 - Certification of election results.

162.501 - Secretary to issue certificates of election.

162.631 - Jurisdiction of circuit court over board how exercised.

165.091 - School money, how disbursed.

165.111 - Financial report published, annually, when state aid not to be paid until report received, penalty audit summary published, when.

166.151 - Petition to distribute county school fund.

167.091 - Truant or parental schools, establishment attendance may be compelled neglected children, attendance support payments.

167.101 - Certain persons may administer oaths and take affidavits issuance of certificates.

167.141 - Amount deductible from per pupil cost in computing tuition to be added to apportionment of district of residence, when.

167.221 - Lunch programs in urban districts managers and assistants, designation, duties deposit and withdrawal of funds.

167.278 - Chief school officers to provide information on postsecondary financial assistance.

167.308 - District shall not require nor prohibit personnel to participate in program.

167.330 - Classes number of students offered, when.

168.171 - Supervisor of physical education, supervisor of health and school nurses may be employed in certain districts.

168.191 - Superintendent of schools, employment of authorized (first class charter counties).

170.031 - Physiology texts to contain chapter on dental hygiene penalty.

170.041 - Physical education supplies and equipment certain district may raise funds for.

170.057 - Incidental fund moneys may be used for books, supplies and educational television.

171.051 - School holidays.

171.141 - Fraternities and sororities may be barred enforcement.

177.051 - Conveyance of property to public institution of higher education.

177.091 - Elementary and high schools, establishment acquisition of additional grounds sale of property.

177.101 - Public parks and playgrounds, six-director board may establish.

177.131 - Establishment of elementary and high schools.

177.171 - Contracts for furnishing school supplies bids required when.

178.300 - Part-time schools established, when.

178.310 - State board to establish standards.

178.320 - Federal funds available, when.

178.330 - Attendance counted as part of employment time.

178.340 - State and local boards of education to administer law.

178.350 - District may be excused from maintaining part-time school.

178.360 - Annual report of state board.
OTTO FAJEN