Missouri Senate

Perfected

JOINT COMMITTEE ON EDUCATION: During the legislative interim from May 2009 and January 29, 2010, the Joint Committee on Education must study the issue of open enrollment. It must submit a report of its findings, and any recommendations for legislative action, by December 31, 2009. (Section 160.254)

MISSOURI SENIOR CADET PROGRAM: This act creates the Missouri Senior Cadet Program, which will provide opportunities for twelfth graders in public school to mentor kindergarten through eighth grade students as described in the act. Participating students must be Missouri residents attending a Missouri high school, maintain a 3.0 GPA and plan to attend college. Twelfth graders who donate ten hours per week during the academic year will receive one elective credit that may be used to fulfill graduation requirements. If a student attends a public college or university located in Missouri after participating in the program, the state will provide a reimbursement in the amount of three credit hours per semester for up to four years. The provisions of this section will expire in six years unless reauthorized.

These provisions are similar to SB 78 (2009), SB 1013 (2008) and SB 921 (2006). (Section 160.375)

CHARTER SCHOOLS: When the Department retains and remits such funds to the sponsor of a charter school, the sponsor must make an appropriate determination of the following: it must expend no less than 90% of its sponsorship funds in support of its charter school sponsorship program, or as a direct investment in the sponsored schools; have fair procedures and rigorous criteria for its application process and grant charters only to developers who show capacity for establishing and operating a quality charter school; negotiates charter school contracts that clearly articulate the rights and responsibilities of each party as described in the act; conducts contract oversight; and designs and implements a transparent and rigorous process to make merit-based renewal decisions.

Current law provides that a charter school sponsor may revoke a charter if the charter school commits certain acts. This act provides that a charter school sponsor shall revoke a charter, or take other appropriate remedial action, which may include placing the charter school on probationary status if the charter school commits certain acts.

Current law requires charter schools to maintain a surety bond based on the school's cash flow. This act would allow charter schools to maintain an insurance policy in the amount of $500,000 or more to provide coverage in the event of employee theft.

The Department of Elementary and Secondary Education will commission a study comparing the performance of charter school students with an equivalent group of district students representing an equivalent demographic and geographic population. The Department will also study charter schools' impact on the constituents of the district in which they serve by using a contractor through a proposal process. The Department must coordinate the request for proposal process with individuals representing charter schools and the districts in which the charter schools are located. The student performance assessment must include, but may not be limited to: MAP test performance; student re-enrollment rates; educator, parent, and student satisfaction data; graduation rates; and performance of students enrolled in the same public school for three or more consecutive years.

These provisions are similar to provisions also contained in SB 64 (2009) and SB 1078 (2009). (Sections 160.400, 160.405, 160.410)

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 the Council 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.

These sections are identical to SB 344 (2009) and SB 1221 (2008). (Sections 160.730, 160.800, 160.805, 160.810, 160.815 & 160.820)

PERSISTENCE TO GRADUATION FUND: This act creates the Persistence to Graduation Fund. The Department of Elementary and Secondary Education will establish a procedure for school districts to apply for grants to implement drop-out prevention strategies. Grants may be available to school districts that have at least sixty percent of students eligible for a free and reduced lunch. Grants will be awarded for one to five consecutive years. Upon expiration, a school district may apply for an extension. The Department of Elementary and Secondary Education must give preferences to school districts that propose a holistic approach to drop-out prevention as described in the act. The Department may stop payments to a district if it determines that the district is misusing funds or if the district's program is deemed ineffectual. The Department must provide written notice thirty days prior to cessation of funds. The Department must report annually to the General Assembly the recipients and amount of grants and data for the preceding five years for each recipient district.

This section is substantially similar to SB 116 (2009) and SB 1128 (2008). (Section 160.950)

PUBLIC ACCESS TO EDUCATION MATERIALS AND RECORDS: This act requires the State Board of Education to provide seven days' written notice to members of board meetings. It also changes from four, to three, the number of members needed to request a meeting of the board. Any business that comes before the board must be made available by free electronic record at least seven business days prior to any meeting. All records of decision, votes, exhibits, or outcomes must be available by free electronic media within forty-eight hours of the conclusion of a meeting. any materials prepared for board members must be delivered to the members at least five days before the meeting. (Section 161.072)

This act requires the Commissioner of Education to study and evaluate the progress, or lack thereof, in achieving instructional goals, and make these findings available by free public electronic media. (Section 161.122)

Current law requires that public and nonpublic high schools report certain information about students age sixteen and older who drop out of school to the state literacy hotline. This act requires that records and reports based upon the school reports be made available by free electronic record on the Department of Elementary and Secondary Education's website on the first business day of each month. Identifying information of individual students must be excluded. This provision is identical to SB 576 (2009). (Section 167.275)

TEACHING STANDARDS FOR PUBLIC SCHOOLS: Each public school must develop standards for teaching by June 30, 2010, including charter schools operated by the board of a school district. 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. The Department of Elementary and Secondary Education may provide assistance to public schools in developing these standards upon request.

This provision is similar to SB 60 (2009) and SB 1273 (2008). (Section 161.380)

VOLUNTEER AND PARENTS INCENTIVE PROGRAM: This act creates the Volunteer and Parents Incentive Program, to be implemented and administered by the Department of Elementary and Secondary Education. Under the program, the Department will provide a reimbursement to parents or volunteers who donate time at certain schools. To be eligible, individuals must donate time at a school in a district that is unaccredited or provisionally accredited, or has a population of at least 50% at risk students as described in the act. For every one hundred hours donated by a volunteer or parent, the department will provide him or her with a reimbursement for the cost of three credit hours at a public institution of higher learning located in Missouri. The reimbursement cannot exceed $500 every two years. If a participating school district becomes classified as accredited, it may continue to participate in the program for an additional two years.

The provisions of this section will expire in six years unless reauthorized.

These provisions are identical to SB 76 (2009) and are substantially similar to SB 1014 (2008).

PARENTS' BILL OF RIGHTS: This act requires the Department of Elementary and Secondary Education to produce "The Parents' Bill of Rights," to inform parents of children with an individualized education program of their educational rights under federal and state law by January 1, 2010. The publication must state it does not confer any right or rights beyond those conferred by federal or state law. In addition, the publication must state that it is only for informational purposes. The publication must contain ten points of information, which are described in the act. The Department of Elementary and Secondary Education must post a copy of it on its website.

Each school district must provide a copy of "The Parents' Bill of Rights" upon initial referral for evaluation and at any such time as a school district is required under state or federal law to provide the parent or parents with notice of procedural safeguards.

This section is substantially similar to SCS/SB 175 (2009). (Section 161.850)

OPERATION OF A SPECIAL ADMINISTRATIVE BOARD OF 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 section is identical to SB 443 (2009) and HB 659 (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 section is identical to SB 55 (2009) and SB 925 (2008). (Section 162.204)

REORGANIZATION OF SCHOOL DISTRICTS IN HOWELL COUNTY: This act creates three procedures by which two or more school districts that are located, or at least ninety percent located, in Howell County may reorganize or create a high school district.

Reorganization into a school district divided into subdistricts: The voters in any two or more school districts that are located, or at least ninety percent located, in Howell County may reorganize and form a new single district with subdistricts based on the preexisting school district boundary lines. The reorganization of the school districts requires a vote of the people. In order to place the question on the ballot, a petition must be submitted that is signed by the greater of ten percent of those in each school district that voted at the last election for school board members, or one hundred voters. Alternatively, a majority vote of each board of education may place the question on the ballot. If a majority of voters within each school district vote in favor of the reorganization, the school districts will be reorganized. If the proposal is successful, the Commissioner of Education will declare the new district formed as of July first following the election. All indebtedness, property, records, and money belonging to the school districts will pass to the newly reorganized district upon the effective date of the reorganization. The newly reorganized must perform all existing contracts and assume all legal obligations of the prior school districts.

After reorganization, a vote of the people will be required for the closure of facility used for student instruction if such a closure would result in a subdistrict not having a facility used for student instruction. In addition, a vote of the people will be required for the modification of a subdistrict boundary line, or for the restructuring of grade levels offered within the current attendance center within a subdistrict. In order to place these questions on the ballot, a petition must be submitted that is signed by the greater of ten percent of those in the subdistrict, or subdistricts, affected by the proposal that voted at the last election for school board members, or one hundred voters from the subdistrict, or subdistricts, that would be affected. Alternatively, a majority vote of the board of education may place these questions on the ballot. (Section 162.225)

If the voters vote in favor of reorganization, the State Board of Education must order an election for school board members for the reorganized school district. The school board of the new district will consist of seven members. Board of education members must be United States citizens, resident taxpayers of the school district, have resided in Missouri for one year prior to the election, and be at least twenty-four years old. The terms of office of the existing school board members will end on June 30 following the reorganization vote. Newly elected board members will take office on July 1.

Voters in each subdistrict will elect one member to the board of education to represent that subdistrict; that individual must be a resident of the subdistrict he or she would be representing. The remaining number of seats on the board will be filled by at-large members. Because the entire seven member board will be elected at the first election, the school board members' terms will initially be staggered. The at-large member or members will be elected to serve until the first subsequent general municipal election. The school board members who will represent the subdistricts will serve until the second or third subsequent general municipal election, as determined by a lot drawing procedure supervised by the Commissioner of Education. The reorganizing school districts will share equally the costs of the election.

If there is insufficient time to hold an election for school board members between the reorganization vote and July 1, seven members from the reorganizing boards of education will be selected by the Commissioner of Education by a lot drawing process to serve as board members until an election can be held. (Sections 162.227, 162.228, 162.241, 162.291, 162.459)

The tax rate of the new district will be determined by the same procedure used for school district consolidation in section 162.202, RSMo. (Section 162.229)

Establishment of a high school district by two or more school districts: The voters in any two or more school districts that are located, or at least ninety percent located, in Howell County may establish a new school district to provide grades nine through twelve. The school district's boundary lines would be coterminous with the boundary lines of the school districts from which the voters established the new district. The establishment of the school district requires a vote of the people. In order to place the question on the ballot, a petition must be submitted that is signed by the greater of ten percent of those in each school district that voted at the last election for school board members, or one hundred voters. Alternatively, a majority vote of each board of education may place the question on the ballot. If a majority of voters within each school district vote in favor of the establishment of the new district, the new district will be established. If the proposal is successful, the Commissioner of Education will declare the new district formed as of July first following the election.

The act also requires that an election for school board members be held as provided under current law and grants the new school district all corporate powers as other seven director school districts have. If a new school district is formed, any affected school district that already provides grades nine through twelve must only offer grades kindergarten through eight upon the effective date of the new district. (Section 162.1200)

Establishment of a high school district by two or more k-8 school districts: The voters in any two or more K-8 school districts that are located, or at least ninety percent located, in Howell County may establish a new school district to provide grades nine through twelve. The school district's boundary lines would be coterminous with the boundary lines of the school districts from which the voters established the new district. The establishment of the school district requires a vote of the people. In order to place the question on the ballot, a petition must be submitted that is signed by the greater of ten percent of those in each school district that voted at the last election for school board members, or one hundred voters. Alternatively, a majority vote of each board of education may place the question on the ballot. If a majority of voters within each school district vote in favor of the establishment of the new district, the new district will be established. If the proposal is successful, the Commissioner of Education will declare the new district formed as of July first following the election.

The act also requires that an election for school board members be held as provided under current law and grants the new school district all corporate powers as other seven director school districts have. (Section 162.1201)

SPECIAL ELECTION FOR VACANCIES ON THE KANSAS CITY SCHOOL DISTRICT BOARD OF EDUCATION: A vacancy that occurs on the school board of the Kansas City School District will be filled by special election instead of by appointment by board members. There will be a special election if a vacancy occurs more than six months prior to the next general municipal election. The State Board of Education is responsible for ordering a special election when a vacancy occurs. If a vacancy occurs less than six months prior to the next general municipal election, the vacancy will be filled at the next general municipal election.

This provision is identical to SCS/SB 253 (2009). (Section 162.492)

USE OF SECLUSION ROOMS BY SCHOOL DISTRICTS: This act prohibits school district employees, volunteers, and independent contractors from placing a student receiving special education services in a locked box, locked closet, or locked room as a behavior management technique or discipline management practice. Exceptions include when confinement is necessary to prevent a student from causing bodily harm and when a student has a weapon. School district employees, volunteers, and independent contractors may place a student in seclusion, as described in the act, as a last resort as an emergency safety intervention. Seclusion must not be used any longer than necessary to allow for a student to regain self-control. The school district must document the use of seclusion.

This section is similar to SB 445 (2009). (Section 162.716)

OPEN ENROLLMENT FOR FOSTER CARE CHILDREN: This act creates procedures for open enrollment across school district boundary lines for children in foster care. School districts must adopt a policy and designate appropriate class sizes for purposes of open enrollment, incorporating the minimum standard of teacher-pupil ratio promulgated by the Department of Elementary and Secondary Education. The policy may include spaces that could be filled by open enrollment. A student wishing to participate in open enrollment must declare intent by March first prior to the year in which the student would open enroll. If a receiving school has insufficient space for all students who want to enroll, it may institute an admissions process.

If a child in foster care believes that a receiving district has unreasonably disapproved an application for admittance, he or she may request that the Department of Elementary and Secondary Education review it. School districts must keep records and make them publicly available, as described in the act.

A student requiring special education services may only transfer if the receiving district verifies that it has an instructional program that is appropriate for the student and that the enrollment would not negatively affect the class size.

A student who enrolls in another district will be included in the receiving district for purposes of state school foundation aid.

The act also contains provisions for statewide assessment scores of students, intradistrict transfers, participation in school activities, and school district eligibility for small school grants.

This section is similar to SB 537 (2009). (Section 162.1033)

MISSOURI PRESCHOOL PLUS GRANT PROGRAM: This act creates the Missouri Preschool Plus Grant Program as a pilot program within the Missouri Preschool Project. The program will serve up to 1250 students with preschool services and will be administered by the Department of Elementary and Secondary Education in collaboration with the Coordinating Board for Early Childhood. School districts that are classified as unaccredited and non-sectarian community-based organizations located within such school districts may receive grants. Grants run for three years and are renewable. At least fifty percent of the placements must be offered through non-sectarian community-based organizations. Children who are one or two years away from kindergarten entry may participate in the program. Children of active duty military personnel will receive admission preference.

If a school district becomes classified as provisionally accredited or accredited, it may complete the length of an existing grant and be eligible for one additional renewal for three years. The program must comply with current early childhood standards. Community-based organization grantees may employ teachers with at least an associate's degree provided they show they are on the path to obtaining a bachelor's degree within five years. School districts and non-sectarian community-based organizations must collect short-term and long-term data about student performance where feasible. The Department must make a good faith effort to collect long-term student performance data as required in the act for students who attend non-public schools.

The Department will accept applications in a competitive bid process to begin implementing the program in the 2010-2011 school year. The program will be funded through general appropriations and will not be funded through money from the Gaming Commission Fund. The General Assembly must appropriate an amount sufficient to adequately fund the program, which shall be at least $5 million in any fiscal year.

The provisions of this section will expire in six years unless reauthorized.

This section is identical to SB 314 (2009) and is similar to a provision contained in SS/SCS/SB 726 (2008) and is similar to SB 779 (2008) and a provision contained in SB 690 (2007). (Section 162.1168)

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 school courses from enrolling in the school district for purposes of participating in virtual school 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 attendance in a virtual course or program in the same manner as 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. (Section 162.1250)

EDUCATION FUNDING: 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. Beginning on July 1, 2010, the moneys derived from the passage of Proposition A will be deposited into the Classroom Trust Fund and distributed to school districts in that manner.

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 provides that for the 2010-2011 school year and beyond, all proceeds a school district receives from the Classroom Trust Fund in excess of the amount it received in the 2009-2010 school year must be placed to the credit of the school district's teachers' and incidental funds. This becomes effective July 1, 2009.

This act repeals the Schools First Elementary and Secondary Education Improvement Fund on July 1, 2010 and modifies the audit that will be conducted by the State Auditor, which becomes effective July 1, 2009.

These sections contain provisions identical to SCS/SBs 453 & 24 (2009). (Sections 163.011, 163.043, 313.775, 313.778, 313.822)

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 sum of the amounts due to the school district after recalculation for fiscal years 2007-2010 will be divided and distributed to the school district in equal amounts in fiscal years 2010-2013.

This section is identical to SCS/SB 117 (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.

Each child who is in foster care or who is placed in a licensed residential care facility is entitled to a full school day of education unless the school district determines that fewer hours are warranted. A full school day is defined as six hours under the guidance and direction of teachers in the education process for children in foster care or for children placed for treatment in a licensed residential care facility by the Department of Social Services.

For children placed for treatment in a licensed residential care facility by the Department of Social Services, the Commissioner of Education, or his or her designee, will be an ombudsman to assist the family support team and school district. The ombudsman will have the final decision over discrepancies regarding school day length. A full school day of education will be provided pending the ombudsman's final decision.

These provisions are identical to SCS/SB 96 (2009) and are similar to SB 1000 (2008) and SB 630 (2007). (Sections 167.018, 167.019, 210.1050).

EDUCATIONAL SERVICES PROVIDED BY A SCHOOL DISTRICT OR SPECIAL SCHOOL DISTRICT: This act adds children who temporarily reside in a children's hospital for rendering health care services to children under the age of eighteen for more than three days to the children for whom a school district or special school district is responsible for making payments for services to a serving school district. (Section 167.126)

TEACHER CERTIFICATION: This act creates a method of obtaining teacher certification from the State Board of Education for individuals to teach in the areas of banking or financial responsibility. Individuals must have a bachelor's degree or higher degree and professional experience suitable to provide a basis to teach in such areas. An individual must have received a passing score for the designated exit examination.

The holder of such a certificate is exempt from the Teacher Tenure Act. School districts will have decision-making authority on whether to hire individuals holding such a certificate.

If the holder of such a certificate is employed less than full-time, he or she must complete an amount of professional development in proportion to his or her time teaching in the classroom, rather than complete the standard thirty hour requirement.

This provisions are identical to SB 233 (2009) and HB 1874 (2008). (Section 168.021)

TEACHER CHOICE COMPENSATION PACKAGE: This act creates the "Teacher Choice Compensation Package" for the St. Louis City School District to permit performance-based salary stipends, upon the decision of a teacher, to reward teachers for objectively demonstrated superior performance. It also creates the Teacher Choice Compensation Fund in the State Treasury. The General Assembly must annually appropriate $5 million to the fund.

A teacher must give up his or her right to a permanent appointment for the duration of his or her employment with the school district to participate in the Teacher Choice Compensation Package. If a teacher chooses to no longer participate in the Compensation Package, he or she may not resume permanent teacher status with the district. Teachers will qualify annually in October.

Stipends will be offered in increments of five thousand dollars, up to fifteen thousand dollars but must not exceed fifty percent of a teacher's base salary as described in the act. The Department of Elementary and Secondary Education will make a payment to the district in the amount of the stipend, which will be delivered as a lump sum in January following the October qualification. If funds are insufficient, the Department may prorate payments.

The Teacher Choice Compensation Package will be open to every person employed by the St. Louis City School District regardless of certification status, provided the other requirements are satisfied. Stipends will be prorated for part-time employees and will be forfeited for any teacher dismissed for cause.

Beginning with the 2010-2011 school year, teachers who opt out of their permanent contract may be eligible based on the following: student scores on a value-added test instrument as described in the act, evaluations by principals or other administrators, evaluations by parents, and evaluations by students. The Department of Elementary and Secondary Education must develop or identify model instruments for use by school districts, which may also use or develop their own instruments.

The Department of Elementary and Secondary Education must develop criteria for determining eligibility for stipend increments. Test-scores will be given more weight than evaluations. The level of scores required must take into account classroom demographics.

These provisions are similar to SB 42 (2009). (Sections 168.221, 168.745, 168.747, 168.749, 168.750).

PHYSICAL EDUCATION FOR GRADES KINDERGARTEN THROUGH FIVE: This act establishes physical education requirements for school districts beginning with the 2010-2011 school year. Physical education class will be required for students in kindergarten through fifth grade and will include 150 minutes of movement each week as described in the act. Students will have the opportunity to learn individual health self-assessment skills and will be encouraged to improve and sustain healthy fitness levels. School districts will create community and business partnerships to provide resources to reward schools for improved health status. Annually, the Commissioner of Education will recognize students, schools, and school districts that have achieved improved fitness.

This section is identical to SB 520 (2009) and is similar to HB 1215 (2007). (Section 170.043)

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 similar to a provision also contained in SCS/HCS/HB 1722 (2008). (Section 170.400)

SCHOOL CALENDARS: Each local school district must set its opening date, which must be at least fourteen calendar days after notification of parents as to the determination of students' eligibility for public school choice options under the federal No Child Left Behind Act and regulations promulgated under it, but no earlier than ten calendar days prior to the first Monday in September. Any school district that sets its opening date more than ten days prior to the first Monday in September must still comply with the fourteen day notification period. (Section 171.031)

SCHOOL BOARDS AND AGREEMENTS WITH CERTAIN POLITICAL SUBDIVISIONS: This act authorizes any school board to enter into an agreement with the county in which the school district is located, or a city, town, or village that is wholly or partially located within the boundaries of the school district to acquire, construct, improve, extend, repair, remodel, or finance sites, buildings, facilities, furnishings, and equipment for the school district's educational purposes. An agreement may provide for the present or future acquisition of an ownership in the facilities, including joint ventures.

This section is identical to SB 325 (2009) and similar to SB 1191 (2008)and HB 1735 (2008). (Section 177.088)

HOME SCHOOL STUDENTS AND ACTIVITIES: This act prohibits school districts from joining any organization or entity that discriminates or prohibits home school students from participating in music contests or debate contests. Home school students shall be permitted to compete in music contests and debate contests in the same manner as students of a public school district. (Section 1 from SA 28)

SCHOOL BUILDING REPAIR FUND: This act creates the School Building Repair Fund, which will be used to distribute funding to schools on a average daily attendance basis for school repairs. (Section 1 from SA 32, as amended)

This act contains different effective dates. Changes made to sections 160.534, 163.011, 163.043, 313.775, and 313.822 will become effective July 1, 2009. The repeal of section 313.778 will become effective on July 1, 2010.

MICHAEL RUFF