SB 291 Modifies provisions relating to education
Sponsor: Shields
LR Number: 1475L.07T Fiscal Note: 1475-07
Committee: Education
Last Action: 7/13/2009 - Signed by Governor Journal Page:
Title: HCS#2 SS SB 291 Calendar Position:
Effective Date: Varies
House Handler: Wallace

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2009 Senate Bills

Current Bill Summary


HCS#2/SS/SB 291 – This act modifies provisions relating to education.

ADDITIONAL GENERAL ELECTION DAY IN NOVEMBER 2009: This act provides that the first Tuesday after the first Monday in November 2009 will be a general election day for the purpose of allowing school districts to incur debt. (Section 115.121)

STUDY ON OPEN ENROLLMENT OF STUDENTS BETWEEN SCHOOL DISTRICTS: The Joint Committee on Education must study the issue of open enrollment of public school students across school district boundary lines. It must submit a report of its findings, and any recommendations for legislative action to the General Assembly, by December 31, 2009. (Section 160.254)

USE OF SECLUSION ROOMS: This act requires school district discipline policies to prohibit confining a student in an unattended, locked space except for an emergency situation while awaiting the arrival of law enforcement personnel. By July 1, 2011, each school district must adopt a written policy that addresses the use of restrictive behavioral interventions as a form of discipline or behavior management technique, as described in the act. The Department of Elementary and Secondary Education must develop a model policy by July 1, 2010 in cooperation with associations, organizations, agencies, and individuals with specialized expertise in behavior management.

This provision identical to a provision contained in HCS/SB 79 (2009), SCS/HCS/HB 96 (2009) and and is similar to SB 445 (2009). (Section 160.263)

MISSOURI SENIOR CADETS PROGRAM: This act creates the Missouri Senior Cadets 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, subject to appropriation, 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 certain 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 that will be conducted by the Joint Committee on Education. The study will examine charter schools' impact on the constituents of the district in which they serve by using a contractor through a proposal process. The study must include an analysis of the administrative and instructional practices of each charter school and include findings on best practices that lend themselves to replication or incorporation in other schools. The Joint Committee on Education 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 substantially similar to provisions contained in HCS/SB 79 (2009) and similar to provisions also contained in SB 64 (2009) and SB 1078 (2009). (Sections 160.400, 160.405, 160.410)

SCHOOL FLEX PROGRAM, COMPULSORY ATTENDANCE AGE & HOME SCHOOLS: This act establishes the School Flex Program to allow eligible students to pursue a timely graduation from high school. The program is available for eleventh and twelfth graders who have been identified by their principal and parent or guardian. Students must attend school a minimum of two instructional hours per school day within their school district of residence; pursue a timely graduation; provide evidence of college or technical career education enrollment and attendance, or proof of employment and labor that is aligned with the student's career academic plan; refrain from being expelled or suspended; pursue course and credit requirements for a diploma; and maintain a 95% attendance rate.

Students participating in the program will be considered full-time students of the school district and be counted in the school's average daily attendance for state aid purposes.

Participating school districts must submit an annual report to the Department of Elementary and Secondary Education. The Department must report annually to the Joint Committee on Education on the program's effectiveness.

This act also changes the requirement for compulsory attendance age for school districts, except for the St. Louis City School District. Current law defines the compulsory attendance age as sixteen. This act changes that to seventeen years or age or successful completion of sixteen credits toward high school graduation. In addition, for purposes of home schooling, this act defines a completed credit towards high school graduation as one hundred hours or more of instruction in a course. Home school education enforcement and records will be subject to review only by the local prosecuting attorney.

These provisions are similar to provisions also contained in HCS/SB 79 (2009) and HB 1102 (2009). (Sections 160.011, 160.539, 167.031)

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), HB 636 (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. This provision is identical to HB 719 (2009). (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. This provision is identical to HB 1041 (2009). (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) and HB 833 (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 a provision contained in HCS/SB 79 (2009) and HCS/SB 55 (2009) and 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. Subject to appropriation, 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 substantially similar to SB 76 (2009) and SB 1014 (2008). (Section 161.800)

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 must ensure that the content is consistent with legal interpretations of existing federal and state law and provides equitable treatment of all disability groups and interests. 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 determining that a student qualifies for an individualized education program 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.

The department must review and revise the content of the publication as necessary to ensure the content accurately summarizes the current federal and state law.

This provision is identical to a provision contained in HCS/SB 79 (2009) and is similar to SCS/SB 175 (2009) and HB 526 (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 provision is identical to SCS/HB 659 (2009) and a provision contained in HCS/SB 79 (2009) and HCS/SB 55 (2009) and is substantially similar to SB 443 (2009).

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 55 (2009), SB 925 (2008), and a provision contained in HCS/SB 79 (2009). (Section 162.204)

BLUE SPRINGS SCHOOL DISTRICT AND SCHOOL OFFICERS: The Blue Springs school board may authorize and commission school officers to enforce laws relating to crimes committed on school premises, at school activities, and on school buses as described in the act. All school officers must be licensed peace officers. School officers must abide by school board policies and coordinate with the superintendent, or the superintendent's designee. Any crimes involving a sexual offense or any felony involving the threat or use of force will remain under the authority of the local jurisdiction.

This provision is identical to a provision contained in HCS/HB 96 (2009). (Section 162.215)

CHANGE IN SCHOOL DISTRICT BOUNDARY LINES: Under current law, when a board of arbitration is appointed to determine whether to modify the boundary lines between school districts, the board must base its decision, in part, on the presence of actual educational harm to children, due to a significant difference in time involved in transporting them. This act defines significant difference in the time involved in transporting students as a difference of forty-five minutes or more per trip in travel time. In addition, travel time is defined as the period of time required to transport a pupil from the pupil's place of residence or other designated pickup point to the site of the pupil educational placement.

This act also repeals the requirement that a board of arbitration approve a proposed boundary change when the potential receiving district has obtained a score consistent with "accredited" on its most recent annual performance report and the potential sending district has obtained a score consistent with "unaccredited" on its most recent annual performance report.

This provision is identical to a provision also contained in HCS/SB 79 (2009) and HB 304 (2009). (Section 162.431)

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) and is similar to a provision contained in HCS/SB 79 (2009). (Section 162.492)

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 grants awarded under this section are subject to appropriation.

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

This provision is substantially similar to SB 314 (2009) and HB 1131 (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 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 section is identical to a provision also contained in HCS/SB 55 (2009) and HCS/SB 79 (2009). (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 modifies the definition of "special education pupil count." Special education pupil count now includes the number of public school students with a services plan. This becomes effective July 1, 2009.

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. This becomes effective July 1, 2009.

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 provisions are substantially similar to SCS/SBs 453 & 24 (2009) and are similar to provisions also contained in HCS/SB 79 (2009) and HCS/SB 55 (2009). (Sections 160.534, 163.011, 163.031, 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 provision is identical to SCS/SB 117 (2009) and is substantially similar to SB 888 (2008), SB 522 (2007) and HB 698 (2007) and is similar to a provision contained in HCS/SB 79 (2009) and HCS/SB 55 (2009) and is similar to HCS/HB 542 (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) and similar to provisions also contained in CCS#2/SS/HCS/HB 154 (2009). These provisions are identical to provisions contained in HCS/SB 79 (2009). (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)

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 identical to a provision contained in HCS/SB 55 (2009) and HCS/SB 79 (2009) and is similar to a provision contained in HCS/HB 509 (2009). (Section 167.720)

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.

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

EMPLOYEE BACKGROUND CHECKS AND FINGERPRINT RECORDS: An employee background check and fingerprint record is good for one year and transferable from district to district or to a private or parochial school. A teacher's change in certification will not affect the transferability of records.

This provision is identical to a provision contained in SCS/HCS/HB 96 (2009), HCS/SB 55 (2009), HCS/SB 79 (2009), and HCS/HB 689 (2009). (Section 168.133)

ELIMINATION OF TENURE PROTECTIONS FOR NON-CERTIFIED EMPLOYEES IN ST. LOUIS CITY SCHOOL DISTRICT: Current law provides that non-certified employees in the St. Louis City School District may earn tenure protection. This act eliminates tenure protection for employees hired after August 28, 2009.

This provision is identical to a provision also contained in HCS/SB 79 (2009). (Section 168.251)

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).

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 in HCS/SB 55 (2009) and is similar to a provision also contained in SCS/HCS/HB 1722 (2008). (Section 170.400)

FOUR-DAY SCHOOL WEEK: This act allows school boards to establish a four-day school week instead of a five-day school week by the adoption a resolution by a majority vote of board members. Any school district that does so must file a calendar with the Department of Elementary and Secondary Education. A minimum term for a school district adopting a four-day school week includes 142 days and 1044 hours of pupil attendance. A school district that adopts a four-day school week and subsequently meets at least two fewer performance standards on its annual performance report over a two year period must revert to a five-day school week. If the school district then meets the same number of performance standards it had met prior to adopting the four-day school week, it can resume a four-day school week.

Current law requires a school district to make up the first six days of school lost or canceled due to inclement weather and half the number of days lost of canceled in excess of six days. This act provides that such make-up will occur if necessary to ensure that the district's students will attend a minimum of 142 days and a minimum of 1044 hours for the school year. School districts that adopt a four-day school week may schedule make-up days on Friday.

These provisions are identical to provisions contained in HCS/SB 79 (2009) and are substantially similar to HCS/HB 242 (2009), SB 345 (2009) and HB 1534 (2008). (Sections 160.011, 160.041, 171.029, 171.031, 171.033)

SCHOOL MAKE-UP DAYS RESULTING FROM 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 HCS/SB 55 92009) and HCS/SB 79 (2009) and is similar to HB 682 (2009). (Section 171.033)

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)

STUDY OF GOVERNANCE IN KANSAS CITY SCHOOL DISTRICT: The Joint Committee on Education must study the issue of governance in the Kansas City School District during the legislative interim through December 31, 2009. The Joint Committee must prepare a report and submit it to the General Assembly with any recommendations for legislative action. (Section 1)

This act contains different effective dates (Sections B and C)

MICHAEL RUFF