HB 388 Modifies provisions relating to elementary and secondary education

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Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 388 - This act modifies provisions relating to elementary and secondary education.

STATE BOARD OF EDUCATION RULEMAKING: This act requires the State Board of Education to promulgate rules under which the board classifies the public schools of the state.

The appropriate scoring guides, instruments, and procedures used in determining the accreditation status of a district are subject to a public meeting upon notice in a newspaper of general circulation in each of the three most populous cities in Missouri and a newspaper that is a certified minority business enterprise or woman-owned business enterprise in each of the two most populous cities in Missouri, and notice to various state government officials, as described in the act, at least fourteen days in advance of the meeting. The Department of Elementary and Secondary Education must conduct the public meeting no less than ninety days prior to the application in accreditation, with all comments received to be reported to the State Board of Education.

This provision is also contained in SS/SCS/SB 125 (2013). (Section 161.092)

GIFTED AND TALENTED EDUCATION: This act requires the State Board of Education to designate a staff person in charge of educational programs for gifted and talented children. The State Board of Education may also perform other administrative functions regarding education of gifted and talented children, as described in the act.

This provision is also contained in HB 528 (2013) and SB 193 (2013). (Section 161.248)

This act creates the Advisory Council on the Education of Gifted and Talented Children. The Council will have seven members appointed by the Commissioner of Education. Members will serve for a term of four years, with the initial appointments of shorter lengths to stagger the council's membership. The Commissioner of Education must consider recommendations for membership from organizations of educators and parents of gifted and talented children. Members must be Missouri residents and selected based on their knowledge and experience with the education of gifted and talented children.

The Commissioner must seek the advice of the council regarding all rules and policies to be adopted by the State Board of Education relating to the education of gifted and talented children. The State Board must appoint a staff member to be a liaison to the council and must also provide necessary clerical support and assistance to the council.

This provision is also contained in CCS/HCS/SCS/SB 17 (2013), HB 528 (2013) and SB 193 (2013). (Section 161.249)

UNACCREDITED SCHOOL DISTRICTS: This act removes the two-year waiting period that exists between the classification of a school district as unaccredited and the lapse of the district's corporate organization. Instead, when the State Board of Education classifies a district as unaccredited, it must review the governance of the district to establish the conditions under which the existing school board will continue to govern or determine the date on which the district will lapse and determine an alternative governing structure for the district.

This act changes the timing and purpose of the hearing that the Department of Elementary and Secondary Education must conduct. The Department must conduct at least two public hearings, which must be regarding the accreditation status of the district. Also, the hearings must provide an opportunity to convene community resources that may be useful or necessary to support the school district as it attempts to return to accredited status.

When it classifies a district as unaccredited, the State Board of Education may allow continued governance by the existing local board of education under specific terms and conditions. If the State Board appoints a special administrative board to oversee the district, the board must consist of at least five members, the majority of whom must be district residents. In addition, the board members must reflect the population characteristics of the district and collectively possess strong experience in school governance, management and finance, and leadership. A special administrative board will be responsible for the operation of the district until it is classified as provisionally accredited for two successive school years, at which time the State Board of Education may provide for a transition back to local governance, as described in the act.

If the State Board determines an alternative governing structure, it must provide a rationale for its decision and review and recertify the alternative form of governance every three years. In addition, the State Board must create a public comment method, establish expectations for academic progress by creating a time line for full accreditation, and provide annual reports to the General Assembly and Governor on the district's progress, as described in the act.

A special administrative board appointed under this act will retain the authority granted to a school board under the laws of the state in effect at the time of the district's lapse. A special administrative board may enter into contracts with accredited districts or other education service providers to delivery high quality educational programs. In addition, if a student graduates from a school operated under a contract with an accredited district, the student will receive his or her diploma from the accredited district.

Neither the special administrative board nor its members will be deemed to be the state or a state agency for any purpose. Furthermore, the state, its agencies and employees, will have absolute immunity from liability, as provided in the act.

This act repeals the requirement that provisionally accredited and unaccredited districts develop a plan to divide up the district if the district cannot regain accreditation within three years of the loss of accreditation.

This act repeals the authorization for the serving members of an special administrative board to appoint a school superintendent if the State Board of Education appoints a successor member to replace the chair of the special administrative board.

These sections are subject to an emergency clause.

These sections are identical to SCS/SB 7 (2013) and are substantially similar to HB 50 (2013),SS/SCS/SB 210 (2013) and SS/SCS/SB 125 (2013), SS#2/SCS/HCS/HB 1174 (2012) and SS/SCS/SB 677 (2012). (Sections 162.081 and 162.083)

USE OF STUDENT TEST SCORE DATA: When a school district receives students from another district as a result of a boundary line change, consolidation, annexation, dissolution, or action of the State Board of Education, as described in the act, the statewide assessment scores and all other performance data of the students received by the district will not be used for three years when calculating the receiving district's performance for purposes of the Missouri School Improvement Program.

This section is subject to an emergency clause.

This section is identical to SB 168 (2013) and is also contained in SCS/SB 7 (2013), SS/SCS/SB 125 (2013), SS/SCS/SB 210 (2013). (Section 162.1300)

DIABETES MANAGEMENT IN PUBLIC SCHOOLS: This act requires the Department of Elementary and Secondary Education to develop guidelines for the training of school employees in the care needed for students with diabetes by January 15, 2014. The Department must develop the training guidelines in conjunction with the Department of Health and Senior Services, the State Board of Nursing, and organizations dealing with diabetes. Required activities to be included in the training are described in the act. School districts and charter schools may adopt and implement the training guidelines for all school nurses and diabetes care personnel.

If a school district or charter school adopts the training guidelines, at least three school employees at a school attended by a student with diabetes must undergo the diabetes training. Procedures are outlined in the event fewer than three school employees have been trained. School employees will not be subject to any penalty or disciplinary action for refusing to be trained. Training will be coordinated by a school nurse, if one is employed, and provided by a school nurse or other healthcare professional with expertise in diabetes. Training must occur prior to the start of the school year or when a student is newly enrolled at the school or when a student is newly diagnosed with diabetes. Coordination, delegation, and supervision of care must be performed by a school nurse or other qualified health care professional. Training must also include the recognition of hypoglycemia and hyperglycemia and responses to emergency situations for school personnel and bus drivers responsible for the transportation of students with diabetes.

The parent or guardian of each student with diabetes who seeks diabetes care at school should submit a diabetes medical management plan to the school. The school must review it. Each school district and charter school may ensure that all students with diabetes receive appropriate diabetes care as specified in the diabetes medical management plan. Diabetes care functions are described in the act. The school nurse or at least one of the trained diabetes care personnel may be on site and available to provide care during regular school hours, during all school sponsored activities, and on buses when the bus driver has not completed training.

Diabetes care functions described in the act do not constitute the practice of nursing and will be exempt from all statutory and regulatory provisions restricting activities that can be delegated to or performed by a person who is not a licensed health care professional. A licensed health care professional may provide training to and supervise school employees with diabetes care functions.

Students with diabetes will be permitted to perform certain diabetes care functions themselves at school, with written permission by a parent or guardian, as described in the act.

No physician, nurse, school employee, charter school or school district will be liable for civil damages or subject to disciplinary action when acts are committed as an ordinarily reasonably prudent person would have acted under the same or similar circumstances.

These sections are identical to sections contained in HCS/HB 675 (2013) and are substantially similar to perfected SB 211 (2013). (Sections 167.800 to 167.824)

ST. LOUIS SCHOOL DISTRICT PERSONNEL: This act allows tenured teachers in the St. Louis City School District to be removed based on incompetency.

This act repeals the requirement that a notification of written charges seeking dismissal received during a vacation period be considered as received on the first day of the following school term.

Currently, to be dismissed for inefficiency in the line of duty, a teacher must be notified in writing at least one semester prior to the presentment of charges. This waiting period is shortened to thirty days and will also apply to incompetency.

This act modifies the prohibition on new teachers being hired while available teachers have been placed on leave of absence due to a reduction in force because of insufficient funds or a decrease in student enrollment. Instead, new teachers cannot be appointed while there are properly qualified teachers on unrequested leave of absence. A leave of absence because of a reduction in force will not impair the tenure of a teacher and will continue for up to three years, unless extended by the school board.

This act repeals a provision governing how a reduction in force based on insufficient funds or a decrease in student enrollment would be conducted for non-certified employees in the St. Louis City School District.

These sections are identical to sections contained in SS/SCS/SB 125 (2013) and similar to SB 601 (2012), HB 1893 (2012) and provisions contained in HCS/HB 1526 (2012). (Section 168.221 and repeal of section 168.291)

SCHOOL DISTRICTS LOCATED IN FIRST CLASS COUNTIES: Current law provides that any school board member, officer, or employee of a seven-director school district that is located in a first class county who sells or provides certain commodities to the district is guilty of a Class A misdemeanor and must forfeit his or her position with the district. This act removes this prohibition and aligns seven-director districts located in a first class county with the current law regarding seven-director districts located in second, third, and fourth class counties so that any school board member, officer, or employee may sell or provide certain commodities to the district provided he or she complies with certain ethical provisions.

This section is identical to SB 242 (2013), HB 352 (2013), HB 860 (2013). (Section 171.181)

PARENT AND COMMUNITY SCHOOL INFORMATION ACT: This act creates the "Parent and Community School Information Act" to require the Department of Elementary and Secondary Education to produce a simplified annual school attendance center report for each public school attendance center in a school district and each charter school. This requirement will not apply to those attendance centers and charter schools that do not test more than fifty percent of their students on state standardized tests used to determine student achievement scores on the Missouri School Improvement Program.

The simplified annual school attendance center report is separate from the school report card in Section 160.522 and is not part of the school improvement program. The Department must provide a link between the school report card in Section 160.522 and the simplified annual school attendance center report.

The Department must make an annual report to the Joint Committee on Education. The first annual report must be distributed before December 1, 2015. The Department of Elementary and Secondary Education must collect information from the principal of each attendance center and charter school that provides context and background information deemed necessary to a full understanding of the scores and explains all programs and services provided to students.

The Department must promulgate rules establishing a report that is easy for the general public to understand and contains information from the school improvement program that accurately reflects the performance level of individual attendance centers, as described in the act. (Section 171.415)

CAREER AND TECHNICAL EDUCATION ADVISORY COUNCIL: This act establishes the Career and Technical Education Advisory Council. It repeals the State Advisory Committee for Vocational Education.

The advisory council will consist of eleven members, appointed by the Governor with the advice and consent of the Senate. Members will serve a term of five years, except for the initial appointees. Members will consist of the following individuals: a director or administrator of a career and technical education center; an individual from the business community with a background in commerce; three current or retired career and technical education teachers who serve or have served as an advisor to a career and technical education student organization; a representative from Linn State Technical College; a school administrator; a representative from a business organization; a representative from a community college; a representative from SEMO or UCM; and an individual participating in an apprenticeship recognized by the Missouri Department of Labor and Industrial Relations or approved by the United States Department of Labor's Office of Apprenticeship.

A director of career and guidance counseling at the Department of Elementary and Secondary education, the director of the Division of Workforce Development and one member of the Coordinating Board for Higher Education will serve as ex-officio members.

The Assistant Commissioner for the Office of College and Career Readiness of the Department of Elementary and Secondary Education will provide staff support to the advisory council. The advisory council must meet at least four times annually. Business coming before the advisory council, including all decisions, votes, exhibits, outcomes, and materials must be made available by free electronic record, as described in the act.

The advisory council must make an annual written report to the State Board of Education and the Commissioner of Education regarding the state budget for career and technical education. The advisory council must annually submit written recommendations to the State Board of Education and Commissioner of Education regarding the oversight and procedures for the handling of student career and technical education organization funds.

The advisory council must: develop a statewide short-range and long-range plan for career and technical education; identify legislative recommendations to improve career and technical education; promote coordination of existing career and technical education programs, as described in the act.

The Department of Elementary and Secondary Education must provide documentation and information to allow the advisory council to be effective.

This section is identical to a provision contained in CCS/HCS/SCS/SB 17 (2013), SS/SCS/HB 542 (2013), HCS#2/HB 927 (2013), CCS#2/HCS/SCS/SB 9 (2013), and is similar to HB 56 (2013). (Section 178.550)

DARE CURRICULUM: The Missouri State Training Center for the DARE program must develop curriculum and certification requirements for school resource officers. School resource officers must complete, at a minimum, forty hours of basic school resource officer training that includes legal operations within an educational environment, intruder training and planning, juvenile law, and other relevant topics.

This section is also contained in HCS/HB 675 (2013), SCS/HB 152 (2013) and in perfected SB 211 (2013). (Section 1)

This act contains an emergency clause on sections 162.081, 161.083, and 162.1300.

MICHAEL RUFF


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