SCS/HCS/HB 1040 and HCS/HB 1041 - This act renders several alterations to the state's education policy.

SECTION 105.454 - Currently, school district officials are limited to $1,500 annually in the amount they can accept for performing certain services for their district. This section raises the threshold to $5,000 for school board members.

SECTION 160.254 - Current law establishes a Joint Committee on Education comprised of five members from each chamber that meets every four years. This section allows the committee to meet in any year that the president pro tem and the speaker appoint members to serve on the committee. The act alters the composition of the committee from five members per chamber to seven members per chamber. The act adds the study of education funding to the committee's charge.

This section is identical to the perfected SB 1323.

SECTION 162.032 - This section requires successor school districts to ensure access to continuation of health care for retired teachers and employees of a district that lapses, is merged or divided, or otherwise loses its corporate structure, provided that the original district provided such benefits at the time of its dissolution.

SECTION 162.700 - Current law expresses that school districts may coordinate with public, private, and private not-for-profit agencies for the delivery of efficient early childhood special education. This section changes the aforementioned "may" to "shall".

This section requires school districts providing early childhood special education to give consideration to the value of continuing services with Part C providers for the remainder of a school year when developing an individualized education program for a student who has received services pursuant to Part C of the Individuals with Disabilities Education Act and reaches the age of three years during a regular school year. Further, the act removes language from the section which specifies that preference shall be given to the continuation of services with the student's private provider unless the cost exceeds the average per student cost of early childhood education in the district.

This section is identical to the perfected SB 1087.

SECTIONS 163.031 & 168.515 - The proration factor is removed from the career ladder entitlement in the school funding formula.

These sections possess an emergency clause and contain portions of the perfected SCS/SB 969.

SECTION 163.036 - For the 2004-2005 school year only, in order for a school district to utilize the summer school add-on for eligible pupils (i.e. double counting of summer school students) from the immediately preceding or second preceding school years, the district must provide a state- approved summer-school program in the current year with an average daily attendance that meets or exceeds 50% of that district's summer school average daily attendance from the immediately preceding summer. In all other cases, the summer school add-on for eligible pupils shall only include those eligible pupils that attended summer school in the current year.

The section allows a district to petition the commissioner of education for a one time waiver of the aforementioned provision if the district experiences a natural disaster, financial hardship, or other circumstances that may warrant such a waiver. In order to grant such a waiver, the commissioner must determine that a district has made a good- faith effort to operate a complete summer school program with open enrollment to all students.

Beginning with the 2005-2006 school year, the summer school add-on for eligible pupils shall only include those eligible pupils that attended summer school in the current year; attendance from previous years' summer school will not count. However, the department may allow a one-time waiver of this provision in the case of natural disasters or other adverse events.

Further, the section specifies that, for the 2004-2005 school year and thereafter, in order for a school district to utilize an eligible pupil count for kindergarten from the immediately preceding or second preceding school years, the district must schedule the same number of hours on a daily basis in the current year for kindergarten instruction as that district scheduled in the immediately preceding or second preceding years for kindergarten instruction. In all other cases, the eligible pupils payment shall only include the current year kindergarten average daily attendance.

This section contains provisions similar to the SCS/SB 923.

This section contains an emergency clause.

SECTION 165.301 - Currently, the Board of Education of the St. Louis Public Schools must advertise for bids from banking institutions once a year, whereas every other school district in the state must bid for such services every three years. This section seeks to authorize a flexible one to five year bid-cycle for the St. Louis Public Schools.

This section is similar to the perfected SB 941.

SECTIONS 167.031, 167.051 & 167.052 - The City of St. Louis school district is permitted to raise its' compulsory school attendance age to 17 by action of the school board. This provision shall become effective for the 2007-2008 school year and shall terminate following the 2011-2012 school year.

SECTION 168.104 - This section adds certified teachers who teach at the pre-kindergarten level to the definition of the word "teacher" in the teacher tenure act.

This section is identical to a portion of the perfected SS/SCS/SB 968.

SECTION 168.124 - Districts meeting certain financial criteria that place contracted teachers on leave more than 40 days after the DESE appropriation bill is signed must pay the teachers the greater of the salary for days worked or $3,000.

This section is identical to a portion of the perfected SS/SCS/SB 968.

SECTION 168.126 - Current law requires school districts to notify in writing a probationary teacher who will not be retained by the school district of the termination of their employment and requires school districts to provide the teacher, upon the teacher's request, a concise statement concerning the reason for such termination. This section requires the district in all cases to issue notice to the teacher expressly declaring the reason for the termination if the reason for such is due to a decrease in pupil enrollment, school district reorganization, or the financial condition of the school district.

This section contains a portion of the perfected SS/SCS/SB 968.

SECTION 168.221 - Currently, both teachers and principals are included in the section of the Metropolitan school district's teacher tenure statute which outlines procedures regarding reductions in force. This act removes school principals from the section.

This section is identical to the perfected SB 1133.

SECTIONS 168.303 & 169.712 - Current law requires employment of at least seventeen hours per week in order to be considered eligible for the classroom teacher "job-sharing" program. This act seeks to alter the aforementioned requirement from a minimum of seventeen hours per week to a minimum of fifteen hours per week.

These sections are identical to portions of the perfected SCS/SB 1084.

SECTION 168.500 - Currently, a policy of the Department of Elementary and Secondary Education allows teachers who have at least five years of teaching experience and who possess national board certification to automatically become eligible for stage III of the career ladder program.

This section directs the Commissioner of Education to cause the department to regard a speech pathologist who holds both a valid certificate of license to teach and a Certificate of Clinical Competence to have fulfilled the standards required to be placed on Stage III of the career ladder program, provided that such speech pathologist has been employed by a public school in Missouri for at least five years and is approved for such placement by the local district.

This section is identical to a portion of the perfected SCS/SB 969.

Sections 169.270, 169.291, 169.295, & 169.332 - These sections render alterations to the Kansas City public school retirement system.

The alteration of Section 169.270, RSMo, would redefine the term "regular employee." Current law necessitates that a regular employee work in a position for five hours a day, five days a week. This act seeks to alter this provision by requiring that an employee only work a total of twenty-five hours a week, regardless of how many days it takes to work the twenty-five hours.

The modification of Subsection 12 of Section 169.291, RSMo, allows the retirement system to appoint more than three physicians to its medical board. Current law allows for only three physicians on the board.

The revision of Subsection 3 of Section 169.295, RSMo, allows the board of trustees to use one or more banks for conducting business. Current law allows the board to utilize only one bank.

The alteration of Section 169.332, RSMo, allows the medical board to certify, for the purposes of approving a member's disability allowance, that a member is mentally or physically unable to perform their duties based on either a medical examination or other medical information. Current law allows for such a designation only after a medical examination.

These sections are identical to the perfected SB 1242.

SECTION 169.596 - Current law allows a person receiving a retirement benefit from the teacher public school retirement system to teach full time for up to two years without losing his or her retirement benefit. This section adds language stating that no such person shall be employed as a superintendent under this section.

Further, current law allows a person receiving a retirement benefit from the non-teacher public school retirement system to be employed full time for up to two years without losing his or her retirement benefit.

This section allows a person receiving a retirement benefit from either the public school teacher retirement system or the non- teacher public school retirement system to, without losing his or her retirement benefit, be employed full time as a non-certified employee for up to two years.

This section is identical to a portion of the perfected SCS/SB 1084.

SECTION 172.360 - This section eliminates the minimum age qualification (which presently is set at sixteen) for admission to the University of the State of Missouri.

This section is identical to SB 1052.

SECTION 174.453 - This section articulates new qualifications for the Board of Governors of Missouri Southern State University - Joplin.

Five voting members shall be selected from Missouri's Workforce Investment Area Southwest region, which includes the following counties: Barton, Jasper, Newton, McDonald, Dade, Lawrence, and Barry provided that no more than three of these five members shall be appointed from any one county. Two voting members shall be selected from any of the counties in the state which are outside of the aforementioned counties.

Further, the act grandfathers current board members in regard to the county residency requirement.

This section is identical to the perfected SB 768.

SECTION 209.321 - This section would exempt certain public school district interpreters from certain licensing requirements.

SECTION 302.272 - Current law requires an annual re-examination of school bus drivers over the age of 70. This section requires that the (currently) annual background check portion of the re-examination occur every three years.

SECTION 393.310 - Current law requires the Public Service Commission to treat a gas corporation's pipeline capacity costs for schools which aggregately purchase natural gas in the same manner as large industrial or commercial basic transportation customers.

This section extends the termination date for the aforementioned program to June 30, 2007, two years after its original termination date and extends the experimental tariffs already set in place by the Public Service Commission to coincide with the extended termination date.

This section is identical to the perfected SCS/SB 878.

SECTION 1 - This section limits the number of A+ program coordinators for which school districts may be reimbursed.

SECTION 2 - Professional development requirements for vocational-technical certification shall include contact hours relating to the specific vocational-technical subject area for which the educator seeks certification.
DONALD THALHUBER

SA 1 - (SECTIONS 209.296 & 209.316) THIS AMENDMENT REQUIRES THAT ALL INTERPRETERS BE CERTIFIED. FURTHER, THE AMENDMENT OUTLINES PENALTIES FOR PERSONS WHO ENGAGE IN THE PRACTICE OF INTERPRETING WITHOUT FIRST OBTAINING CERTIFICATION.

SA 2 - (SECTION 169.560) THIS AMENDMENT ALLOWS RETIRED TEACHERS TO WORK BETWEEN 550 AND 800 HOURS AS A TEACHER, LIBRARIAN, COUNSELOR OR OTHER POSITION WITHOUT LOSING THEIR RETIREMENT BENEFIT. SUCH TEACHERS MAY EARN UP TO 75% OF THE REGULAR EARNINGS FOR THAT POSITION. THE ACT REQUIRES THE DISTRICT TO CONTRIBUTE THE REGULAR CONTRIBUTION PERCENTAGE, WHICH IS 10.5% THIS YEAR, 11% NEXT YEAR, AND WILL CONTINUE TO INCREASE BY 0.5% PER YEAR FOR THE NEXT FEW YEARS. THIS AMENDMENT CONTAINS THE PROVISIONS OF SB 1377.

SA 3 - (SECTION 167.231) THIS AMENDMENT STATES THAT SCHOOL DISTRICTS (THAT MEET CERTAIN CRITERIA) MAY COUNT AS REIMBURSABLE MILES ANY MILEAGE LESS THAN ONE MILE FROM SCHOOL WHEN A STUDENT FACES A TRANSPORTATION SAFETY HAZARD SUCH AS A MAJOR HIGHWAY.

SA 4 - (SECTION 160.261) THIS AMENDMENT ASSERTS THAT, SHOULD A STUDENT BE EXPELLED FOR BRINGING A WEAPON TO SCHOOL, VIOLENT BEHAVIOR, OR FOR AN ACT OF SCHOOL VIOLENCE, THAT STUDENT SHALL NOT, FOR THE PURPOSES OF THE ACCREDITATION PROCESS OF THE MISSOURI SCHOOL IMPROVEMENT PLAN, BE CONSIDERED A DROP-OUT OR BE INCLUDED IN THE CALCULATION OF THAT DISTRICT'S EDUCATIONAL PERSISTENCE RATIO.

SA 5 - (SECTION 169.596) CURRENT LAW ALLOWS A PERSON RECEIVING A RETIREMENT BENEFIT FROM THE TEACHER PUBLIC SCHOOL RETIREMENT SYSTEM TO TEACH FULL TIME FOR UP TO TWO YEARS WITHOUT LOSING HIS OR HER RETIREMENT BENEFIT. THE SCS ADDS LANGUAGE STATING THAT NO SUCH PERSON SHALL BE EMPLOYED AS A SUPERINTENDENT UNDER THIS SECTION.

THIS AMENDMENT ADDS A QUALIFYING STATEMENT TO THE AFOREMENTIONED SCS PROVISION THAT WOULD ALLOW A PERSON TO BE EMPLOYED AS A SUPERINTENDENT UNDER THIS SECTION IF THE DISTRICT HAS A SHORTAGE OF SUPERINTENDENTS, AS DETERMINED BY BOTH THE LOCAL SCHOOL DISTRICT AND THE STATE BOARD OF EDUCATION.

SA 7 - (SECTION 210.145) THIS AMENDMENT ENABLES THE CHILDREN'S DIVISION TO MEET WITH A CHILD IN A SCHOOL BUILDING OR CHILD- CARE FACILITY PROVIDED THAT THE ABUSE IS NOT ALLEGED TO HAVE OCCURRED THERE.

SA 10 - (SECTION 3) THIS AMENDMENT ASSERTS THAT IF A PUBLIC SCHOOL DISTRICT HOSTS A DISTRICT-SPONSORED INTERNET WEB SITE, THAT DISTRICT SHALL POST ON SUCH SITE: (1) A CURRENT VERSION OF THAT DISTRICT'S POLICY MANUAL AND ALL RELATED DOCUMENTS; AND (2) A CURRENT VERSION OF THAT DISTRICT HANDBOOK(S).

SA 11 - (SECTION 168.211) THIS AMENDMENT REMOVES THE CURRENT LAW PROVISION THAT STATES THAT, SHOULD THE BOARD DISMISS THE SUPERINTENDENT OF THE METROPOLITAN SCHOOL DISTRICT DURING HIS OR HER TERM, THE SUPERINTENDENT SHALL BE PAID COMPENSATION ONLY FOR THE BALANCE OF THE CURRENT YEAR.

SA 12 - (SECTION 161.415) THIS AMENDMENT INCREASES FROM 100 TO 200 THE NUMBER OF ONE-YEAR, RENEWABLE $2,000 SCHOLARSHIPS FOR MINORITY STUDENTS. THE SUBSTITUTE ALSO INCREASES THE SCHOLARSHIP AMOUNT (FROM $2,000 TO $3,000) IF THE STUDENT IS ENTERING THE SPECIAL EDUCATION FIELD.

FURTHER, CURRENT LAW REQUIRES THAT IN ORDER TO BE ELIGIBLE FOR A MINORITY TEACHING SCHOLARSHIP, A STUDENT MUST SCORE BOTH AT OR ABOVE THE SEVENTY-FIFTH PERCENTILE ON CERTAIN STANDARDIZED TESTS AND POSSESS A HIGH SCHOOL RANK AT OR ABOVE THE SEVENTY-FIFTH PERCENTILE. THIS AMENDMENT REQUIRES ONLY ONE OF THE AFOREMENTIONED TWO CRITERIA BE MET IN ORDER TO BE ELIGIBLE FOR THE PROGRAM.

LASTLY, THE SUBSTITUTE STATES THAT THE STUDENT WILL TEACH FOR A PERIOD OF FIVE YEARS AS A CONDITION OF RECEIVING THE SCHOLARSHIP OR THE SCHOLARSHIP WILL BE TREATED AS A LOAN.

SA 14 - (SECTION 163.036) THE SCS CONTAINS PROVISIONS (FOR THE 2004-2005 SCHOOL YEAR ONLY) THAT RESTRICT A SCHOOL DISTRICT'S ABILITY TO UTILIZE THE SUMMER SCHOOL ADD-ON FOR ELIGIBLE PUPILS (I.E. DOUBLE COUNTING OF SUMMER SCHOOL STUDENTS) FROM THE IMMEDIATELY PRECEDING OR SECOND PRECEDING SCHOOL YEARS.

THIS AMENDMENT REMOVES THE AFOREMENTIONED LANGUAGE FOR THE 2004-2005 SCHOOL YEAR, BUT RETAINS A SIMILAR PROVISION TO BEGIN IN THE 2005-2006 SCHOOL YEAR (I.E. NEXT SUMMER.)

SA 15 - (SECTION 115.124) CURRENT LAW STATES THAT IN A NONPARTISAN ELECTION IN ANY POLITICAL SUBDIVISION OR SPECIAL DISTRICT EXCEPT FOR MUNICIPAL AND BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICTS ELECTIONS, IF THE NUMBER OF CANDIDATES WHO HAVE FILED FOR A PARTICULAR OFFICE IS EQUAL TO THE NUMBER OF POSITIONS IN THAT OFFICE TO BE FILLED BY THE ELECTION, NO ELECTION SHALL BE HELD FOR SUCH OFFICE.

THIS AMENDMENT WOULD REVERT THIS LAW TO ITS 1990-1996 FORM BY REQUIRING THAT ELECTIONS OCCUR IN UNCONTESTED, NONPARTISAN ELECTIONS IN SPECIAL DISTRICTS, MUNICIPAL, BOARD OF TRUSTEES OF COMMUNITY COLLEGE DISTRICTS, AND SCHOOL BOARD ELECTIONS.

UNDER THIS AMENDMENT, THE PROVISION OF SECTION 115.124, RSMO, WHICH ALLOW NO ELECTION TO BE HELD FOR SUCH OFFICES, WOULD APPLY ONLY TO NONPARTISAN, UNCONTESTED COUNTY OR TOWNSHIP OF A TOWNSHIP ORGANIZATION COUNTY ELECTIONS. HOWEVER, SINCE COUNTY OFFICES ARE PARTISAN, THE AMENDMENT WILL, IN PRACTICAL EFFECT, ONLY IMPACT TOWNSHIP OF A TOWNSHIP ORGANIZATION COUNTY ELECTIONS.

SA 16 - (SECTION 162.065) THIS AMENDMENT REQUIRES SCHOOL DISTRICTS AND THEIR BUS CONTRACTORS TO CONSULT THE SEX OFFENDER REGISTRATION LIST BEFORE DECIDING UPON THE LOCATION OF BUS STOPS, AND BUSES MUST CARRY PASSENGER MANIFESTS. DISTRICTS MUST PROVIDE THE RESULTS OF BUS SAFETY INSPECTIONS AND ANY CORPORATE SAFETY INFORMATION TO PARENTS EACH YEAR.

SA 17 - (SECTION 168.126) CURRENT LAW REQUIRES SCHOOL DISTRICTS TO NOTIFY IN WRITING A PROBATIONARY TEACHER WHO WILL NOT BE RETAINED BY THE SCHOOL DISTRICT OF THE TERMINATION OF THEIR EMPLOYMENT AND REQUIRES SCHOOL DISTRICTS TO PROVIDE THE TEACHER, UPON THE TEACHER'S REQUEST, A CONCISE STATEMENT CONCERNING THE REASON FOR SUCH TERMINATION.

THE SCS REQUIRES THE DISTRICT IN ALL CASES TO ISSUE NOTICE TO THE TEACHER EXPRESSLY DECLARING THE REASON FOR THE TERMINATION IF THE REASON FOR SUCH IS DUE TO A DECREASE IN PUPIL ENROLLMENT, SCHOOL DISTRICT REORGANIZATION, OR THE FINANCIAL CONDITION OF THE SCHOOL DISTRICT.

THIS AMENDMENT REPLACES THE AFOREMENTIONED SCS PROVISION WITH LANGUAGE THAT STATES THAT, SHOULD A DISTRICT ELIMINATE NON-TENURED STAFF FOR FINANCIAL REASONS, THE DISTRICT SHALL PLACE SUCH TEACHERS ON LEAVE OF ABSENCE AND FOLLOW THE PROVISIONS OF SECTION 168.124, RSMO.

SA 18 - (SECTION 488.5020) - THIS AMENDMENT IMPOSES A $20 SURCHARGE ON ALL FELONY COURT PROCEEDINGS INVOLVING DRUGS; OFFENSES AGAINST THE PERSON; SEXUAL OFFENSES; ROBBERY, BURGLARY, AND ARSON; STEALING; AND WEAPONS, EXCEPT WHEN CHARGES ARE DISMISSED OR WHEN COSTS ARE TO BE PAID BY THE STATE OR POLITICAL SUBDIVISION. FIFTY PERCENT OF THE SURCHARGE WILL BE DEPOSITED IN THE GANG RESISTANCE EDUCATION AND TRAINING (GREAT) FUND, TO BE ADMINISTERED BY DESE. THE DEPARTMENT, IN CONJUNCTION WITH PARTICIPATING LOCAL LAW ENFORCEMENT, WILL DEVELOP A PROGRAM FOR GANG RESISTANCE TRAINING IN SCHOOL DISTRICTS IN NEED OF SUCH SERVICES, AS DETERMINED BY THE DEPARTMENT. THE PROGRAM IS INTENDED TO HELP CHILDREN UNDERSTAND HOW GANG VIOLENCE AFFECTS COMMUNITIES AND HOW TO RESOLVE CONFLICTS WITHOUT VIOLENCE. THE REMAINING 50% OF THE FUNDS COLLECTED WILL BE USED TO PROVIDE MATCHING GRANTS TO SCHOOL DISTRICTS TO FUND THE AFTER-SCHOOL READING RETREAT PROGRAM.

THE PROVISIONS OF THIS AMENDMENT TERMINATE ON DECEMBER 31, 2009.

SA 19 - (SECTION 171.053) - THIS AMENDMENT ASSERTS THAT ANY SCHOOL DISTRICT THAT ALLOWS AN EXCUSED ABSENCE FOR ATHLETICS OR ANY OTHER EXTRA-CURRICULAR ACTIVITY SHALL ALLOW ANY STUDENT TO USE SUCH REGULARLY SCHEDULED INSTRUCTIONAL TIME AS IS REASONABLY NECESSARY FOR PARTICIPATION IN AN OFFICIALLY- SANCTIONED ACTIVITY OF ANY FFA, FCCLA AND 4-H PROGRAM. THE SECTION ALSO PROVIDES THAT STUDENTS MAY PARTICIPATE IN FFA, FCCLA AND 4-H EVENTS AND MISSOURI STATE FAIR COMPETITIONS WHILE HAVING SUCH PARTICIPATION COUNT AS REGULAR SCHOOL ATTENDANCE FOR THE PURPOSE OF STATE SCHOOL AID.

SA 20 - (SECTION 160.545) CURRENTLY, ONLY PUBLIC COMMUNITY COLLEGES AND PUBLIC VOCATIONAL OR TECHNICAL SCHOOLS ARE STATUTORILY AUTHORIZED TO RECEIVE A+ REIMBURSEMENTS. THIS AMENDMENT ADDITIONALLY ALLOWS ANY PRIVATE VOCATIONAL OR TECHNICAL SCHOOL THAT IS A MEMBER OF THE NORTH CENTRAL ASSOCIATION AND ACCREDITED BY THE HIGHER LEARNING COMMISSION TO RECEIVE A+ REIMBURSEMENTS, PROVIDED THAT SUCH REIMBURSEMENTS DO NOT VIOLATE CERTAIN CONSTITUTIONAL PROVISIONS AND ALSO PROVIDED THAT THE PRIVATE VOCATIONAL OR TECHNICAL SCHOOL DOES NOT RECEIVE TUITION REIMBURSEMENTS IN EXCESS OF THE TUITION RATE CHARGED BY A PUBLIC COMMUNITY COLLEGE FOR COURSE WORK OFFERED BY THE PRIVATE VOCATIONAL OR TECHNICAL SCHOOL WITHIN THE SERVICE AREA OF THAT COMMUNITY COLLEGE.

THIS AMENDMENT CONTAINS THE PROVISIONS OF SB 975.

SA 22 - (SECTION 167.166) THIS AMENDMENT DISALLOWS ANY SCHOOL PERSONNEL FROM PERFORMING OR DIRECTING A STRIP SEARCH OF ANY STUDENT. THE AMENDMENT OUTLINES CONSEQUENCES FOR ANY PERSON WHO VIOLATES THIS PROVISION. A CERTIFIED LAW ENFORCEMENT OFFICER MAY CONDUCT STRIP SEARCHES UNDER LIMITED CONDITIONS IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE STUDENT HAS CONCEALED A DEADLY OR DANGEROUS WEAPON. STUDENTS MUST BE GIVEN A REASONABLE OPPORTUNITY TO CONTACT THEIR PARENTS OR GUARDIAN.

SA 23 - (SECTION 169.577) CURRENT LAW ALLOWS MEMBERS OF THE PUBLIC SCHOOL RETIREMENT SYSTEM TO PURCHASE ADDITIONAL CREDITABLE SERVICE OF UP TO FIVE-TENTHS OF A YEAR.

THIS AMENDMENT ALTERS THIS PROVISIONS TO ALLOW MEMBERS TO PURCHASE ADDITIONAL CREDITABLE SERVICE OF UP TO SIX-TENTHS OF A YEAR.