SB 815 Modifies provisions relating to elementary and secondary education
Sponsor: Bartle
LR Number: 3644L.08C Fiscal Note: 3644-08N.ORG
Committee: Education
Last Action: 5/14/2010 - S Calendar S Bills with H Amendments--SCS for SB 815-Bartle, with HCS, as amended Journal Page:
Title: HCS SCS SB 815 Calendar Position:
Effective Date: Varies
House Handler: Wallace

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HCS/SCS/SB 815 – This act modifies provisions relating to elementary and secondary education.

AMOUNT OF SCHOOL ATTENDANCE REQUIRED BY LAW: Current law defines school attendance in terms of days. School districts must have a school calendar with a minimum of 174 school days for a five day school week and a minimum of 143 school days for a four day school week. Beginning with the 2012-2013 school year, school attendance will be measured in terms of hours. The required number of hours will be 1073. Accordingly, statutes that measure school attendance by days are modified to reflect this change.

These provisions are identical to provisions contained HCS/SS/SB 943 (2010). (Section 160.011, 160.041, 163.021, 171.031, 171.033)

CHARTER SCHOOLS: This act allows any private four-year college or university located in the Kansas City School District with an enrollment of at least one thousand students and an approved teacher preparation program to be a charter school sponsor.

When a charter school has lost its sponsor or has had its charter revoked, rescinded or the charter has otherwise expired, it can contract with the local school district in which it is located to continue its operations. The school board of the school district would serve as the charter school's sponsor. Teachers in schools operating under such a contract will be considered employees of the charter school, and must meet all the licensure and certification requirements.

These provisions are substantially similar to HCS/HB 2230 (2010). (Sections 160.400 & 160.420)

This act allows proposed or existing high risk or alternative charter schools to include alternative arrangements for students to obtain credits for satisfying graduation requirements in the charter application and charter. Alternative arrangements may include credit for off-campus instruction, embedded credit, work experience, independent studies, and performance-based credit options. Upon approval of the charter by the State Board of Education, any alternative arrangements will be approved at the same time.

The Department of Elementary and Secondary Education must conduct a study of any such charter school granted alternative arrangements for students to obtain credit to assess student performance, graduation rates, educational outcomes, and entry into the workforce or higher education. (Section 160.405)

This act requires charter schools whose mission includes student drop-out prevention or recovery to enroll nonresident pupils from the same or an adjacent county who reside in residential care facilities, transitional living group homes, or independent living programs, whose last school of enrollment is in the school district where the charter school is established, who submit a timely application. Preference will be given to resident pupils over non-resident pupils if there is insufficient capacity. Charter schools may also give an admissions preference to high-risk and dropout students. (Section 160.410)

These provisions are similar to SB 835 (2010), SB 317 (2009), SB 1027 (2008) and similar to provisions also contained in SB 64 (2009).

A+ SCHOOLS PROGRAM: Schools participating in the A+ Schools Program are required to have a salaried program coordinator. This act specifies that no minimum percentage of time will be required for this position.

This provision is identical to a provision contained in HCS/HCS 2053 (2010) and HCS/SS/SB 943 (2010). (Section 160.545)

APPROPRIATIONS & WITHHOLDING OF FUNDS BY THE GOVERNOR: For fiscal years 2011, 2012, and 2013, if the appropriation for the foundation formula and hold harmless school districts is less than the calculation of the amount required for the phase-in of the formula for that fiscal year, or the appropriation for the transportation categorical is funded at a level less than 75% of allowable costs, the Department of Elementary and Secondary Education must not penalize any district undergoing its accreditation review for a failure to meet resource standards under the Missouri School Improvement Program. In addition, if the Governor withholds funds for the school funding formula, any school district undergoing accreditation review in the fiscal year following the year in which withholding occurred will not be penalized for failure to meet resource standards under the Missouri School Improvement Program.

In fiscal years 2011, 2012, and 2013, if the appropriation for the foundation formula and hold harmless school districts is less than the calculation of the amount required for the phase-in of the formula for that fiscal year, or the appropriation for the transportation categorical is funded at a level less than 75% of allowable costs, school districts will be excused from compliance with the requirement to spend funds on professional development and fund placement and expenditure requirements. In addition, if the Governor withholds from the school funding formula, school districts will be excused from these requirements in the following fiscal year.

In addition, for fiscal years 2011, 2012, and 2013, school districts may expend up to ten percent of the amount of their categorical payments for expenses not attributable to the specific categorical provided the expenditure does not affect federal funds.

These provisions are substantially similar to provisions contained in CCS/SS#2/SCS/HCS#2/HB 1543 (2010), HCS/SS/SB 943 (2010), and HCS/HB 2053 (2010). (Sections 161.209 & 163.410)

SCHOOL BOARD MEMBERSHIP: To qualify for election, a school board member candidate must provide documentation to the election authority to demonstrate that he or she does not have disqualifying information on the family care safety registry and does not have any substantiated claims of child abuse on the central child abuse registry. (Section 162.014)

SCHOOL DISTRICT FUND BALANCES: During fiscal years 2011, 2012, and 2013, a school district that has unobligated funds in its capital projects fund may make one transfer per fiscal year up to the amount of unobligated funds from the capital projects fund to the incidental fund. The school board must adopt a resolution noting its financial condition and the purposes of the transfer.

This provision is identical to a provision contained in HCS/HB 2053 (2010) and HCS/SS/SB 943 (2010). (Section 165.011)

TRAVEL TIME OF STUDENTS: This act allows a student whose travel time by bus to a school in his or her district is more than an hour to enroll in another district's school if it takes one half the time or less to travel to the other school. Both school districts must agree to enroll the student. The state aid generated by the student would be transferred from the school district of residence to the receiving district. The state aid generated by the student would be transferred from the school district of residence to the receiving district. The receiving district may provide transportation to the student from a point within its boundaries.

This provision is identical to a provision contained in HCS/HB 2053 (2010) and HCS/HB 1543 (2010). (Section 167.128)

TEACHER TENURE RELATING TO PRE-K TEACHERS: Current law allows certified teachers who teach at the pre-kindergarten level in a program in which no fees are charged to parents or guardians in a school district other than the St. Louis City School District. This act allows certified teachers who teach at the pre-kindergarten level in a district other than St. Louis City who are paid on a school district salary schedule to be eligible for tenure. (Section 168.104)

TEACHER CHOICE COMPENSATION PACKAGE: Current law provides that only teachers in the St. Louis City School District are eligible to participate in the Teacher Choice Compensation Package to receive performance-based salary stipends. This act expands eligibility to participate in the package to all school districts other than St. Louis that resolves, by majority vote of the board of education, to allow its teachers to participate. A participating teacher who changes employment may continue to participate if the school board of the new school district of employment has voted to allow its teacher to participate. (Sections 168.106, 168.745, 168.747)

TEACHER CONTRACTS: School district salary schedules may contain elements in addition to highest degree held and years of service as long as such elements are equitably compensated among teachers covered by those elements. Elements may include but not be limited to additional areas of certification, certification in high need subjects, additional pay for serving as a mentor or master teacher, and demonstrated ability to improve student learning performance. (Section 168.110)

HEARING OFFICER FOR TEACHER REMOVAL HEARINGS IN ST. LOUIS CITY SCHOOL DISTRICT: This act clarifies that a permanent teacher will have the privilege of being present at the teacher removal hearing. In addition, during any time in which a special administrative board governs the st. Louis city school district, the board may appoint a hearing officer to conduct a hearing to remove a permanent teacher. The hearing officer must conduct the hearing according to the procedures outlined in chapter 536 for contested cases. The hearing officer must issue a written recommendation to the school board. The board must then issue a decision based on the recommendation and the record from the hearing.

This provision is identical to a provision contained in CCS/SS#2/SCS/HCS#2/HB 1543 (2010) and HCS/SS/SB 943 (2010). (SECTION 168.221)

YEAR-ROUND EDUCATIONAL PROGRAM: This act allows a school district to adopt a year-round educational program by a majority vote of the school board. A school district that adopts a year-round educational program must meet the minimum number of school days required and have no vacation, including summer, last more than four weeks. School districts with a year-round educational program must meet all other educational requirements. (Section 171.015)

START DATES FOR KINDERGARTEN: This act allows a school district to offer, by majority vote of the school board, two start dates for kindergarten. One start date must occur on the normal starting date for the district and the other must occur approximately halfway through the year. The school district may group children according to their date of birth. In addition, school districts must allow parents to have their child start kindergarten on the start date of their choice. (Section 171.017)

This section is similar to a provision contained in SB 969 (2010).

BID REQUIREMENTS FOR ST. LOUIS CITY SCHOOL DISTRICT: Current law requires the St. Louis City school district to request bids for supplies and building projects that cost more than $5,000. This act increases that cost threshold to $15,000 before the district must solicit bids. Also, current law allows St. Louis City School Board to use its own employees on building and improvement projects without going through a bidding process if the costs of labor do not exceed $20,000. This act lowers that cost limit to $15,000. Also, upon approval of the school board, the district superintendent or another designated employee may enter directly into contracts of less than $15,000 without public letting, advertising, or bid soliciting.

These sections are identical to provisions contained in HCS/HB 1543 (2010). (Sections 177.161, 177.171)

PARENTS AS TEACHERS: This act removes the prohibition against charging a fee to parents as teachers participants or their parents. Families with children under the age of kindergarten entry will be eligible to receive annual health and development screenings and parents will be eligible to receive prenatal visits under sections 178.691 to 178.699. Priority for service delivery of approved parent education programs under section 178.691 to 178.699, which includes, but is not limited to, home visits, group meetings, screenings, and service referrals, shall be given to high needs families in accordance with criteria set forth by the department of elementary and secondary education. Local school districts may establish cost sharing strategies to supplement funding for such program services. This will expire on December 31, 2015, unless reauthorized by an act of the general assembly.

This provision is identical to a provision contained in HCS/SS/SB 943 (2010) and HB 2245 (2010) and is substantially similar to a provision contained in CCS/SS#2/SCS/HCS#2/HB 1543 (2010). (Section 178.697)

TAX RATES FOR REAL AND PERSONAL PROPERTY: This act allows any school district that has levied a voter-approved separate tax rate for different subclasses of real property and personal property, or a tax rate increase before August 28, 2010, to use those rates for the single rate calculation using the specified blended rate calculation method. (Section 1)

S-CHIP: This act also provides that for each school year beginning July 1, 2010, the Department of Social Services shall provide all state licensed child-care providers who receive state or federal funds and all public school districts in this state with written information regarding eligibility criteria and application procedures for the state children's health insurance program (SCHIP). Such information shall be distributed by the child care providers or school districts to parents and guardians at the time of child care or school enrollment.

The Department of Elementary and Secondary Education shall add a form for a parent or guardian to voluntarily indicate whether or each child in the family has health care insurance. If any such child does not have health care insurance, and the parent or guardian's household income does not exceed the highest income level under the federal SCHIP requirements, the school district shall provide a notice to such parent or guardian that the uninsured child may qualify for SCHIP.

No penalty shall be assessed upon any parent or guardian who fails to provide or provides any inaccurate information required under this act.

The Department of Elementary and Secondary Education, in collaboration with the Department of Social Services, shall report shall report annually to the Governor, the House budget committee chair and the Senate appropriations committee chair. The act specifies the information to be included in the report, but shall include the number of families in each district receiving free lunch and reduced lunches and how many of such families indicated not having health insurance. (Section 2)

Section 168.221 has a delayed effective date of July 1, 2011.

MICHAEL RUFF

HA 1 - THIS AMENDMENT EXTENDS THE SUNSET ON THE CHILDREN'S VISION EXAMINATION PROGRAM UNTIL JUNE 30, 2020.

HA 3 - THIS AMENDMENT REMOVES THE DELAYED EFFECTIVE DATE FOR SECTION 168.221, WHICH WOULD ALLOW FOR THE APPOINTMENT OF A HEARING OFFICER TO CONDUCT A TEACHER REMOVAL HEARING FOR THE ST. LOUIS CITY SCHOOL DISTRICT WHEN IT IS GOVERNED BY A SPECIAL ADMINISTRATIVE BOARD.