Missouri Senate

House Amendment

GIFTED AND TALENTED CHILDREN: 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 section is identical to a provision contained in SB 193 (2013) and is similar to HB 1595 (2012). (Section 161.249)

CAREER AND TECHNICAL EDUCATION: This act shall be known and may be cited as the Career and Technical Education Student Protection Act. 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 students 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. (Section 178.550)

MICHAEL RUFF

HA 1: CURRENTLY, CERTAIN PROVISIONS OF THE PUBLIC SCHOOL RETIREMENT SYSTEM OF MISSOURI AND THE PUBLIC EDUCATION EMPLOYEE RETIREMENT SYSTEM OF MISSOURI THAT ALLOW TEACHERS AND SCHOOL EMPLOYEES TO RETIRE WITH LESS THAN THIRTY YEARS OF SERVICE WILL EXPIRE ON JULY 1, 2013. ALSO, A PROVISION THAT ALLOWS TEACHERS WITH THIRTY-ONE OR MORE YEARS OF SERVICE TO RECEIVE A HIGHER MULTIPLIER TO BE USED IN THE CALCULATION OF HIS OR HER RETIREMENT BENEFITS WILL EXPIRE ON JULY 1, 2013. THIS AMENDMENT MAKES THESE ALTERNATIVE RETIREMENT PROVISIONS PERMANENT.

THESE PROVISIONS ARE ALSO IN SB 232 (2013).

HA 2: THIS AMENDMENT PROVIDES THAT BOOKS OF A RELIGIOUS NATURE MAY BE USED AS PART OF INSTRUCTION IN ELECTIVE COURSES IN LITERATURE AND HISTORY, SO LONG AS THE BOOKS ARE NOT USED IN A MANNER THAT VIOLATES THE ESTABLISHMENT CLAUSE OF THE UNITED STATES CONSTITUTION.

THIS IS IDENTICAL TO HB 282 (2013).

HA 3: THIS AMENDMENT REMOVES THE AUGUST 28, 2014, EXPIRATION DATE FOR INDIVIDUALS TO OBTAIN TEACHER CERTIFICATION BASED ON CERTIFICATION BY THE AMERICAN BOARD FOR CERTIFICATION OF TEACHER EXCELLENCE. THIS AMENDMENT ALSO WOULD ALLOW AN INDIVIDUAL WITH ABCTE CERTIFICATION TO OBTAIN TEACHER CERTIFICATION IN THE AREAS OF EARLY CHILDHOOD EDUCATION, ELEMENTARY EDUCATION, AND SPECIAL EDUCATION.

THIS AMENDMENT IS SIMILAR TO SB 455 (2013).

HA 4: THIS AMENDMENT MAKES CHANGES TO THE PUBLIC SCHOOL RETIREMENT SYSTEM OF KANSAS CITY.

MEMBERSHIP: THIS ACT MODIFIES THE QUALIFICATIONS FOR SYSTEM MEMBERSHIP. A PERSON WILL CEASE TO BE A MEMBER OF THE RETIREMENT SYSTEM IF HE OR SHE HAS A BREAK IN SERVICE BEFORE HE OR SHE HAS EARNED VESTED RETIREMENT BENEFITS OR IF THE PERSON WITHDRAWS HIS OR HER ACCUMULATED CONTRIBUTIONS FROM THE SYSTEM. (SECTION 169.270)

MINIMUM NORMAL RETIREMENT AGE: CURRENTLY, THE MINIMUM NORMAL RETIREMENT AGE IS THE AGE OF SIXTY OR THE DATE WHEN A MEMBER HAS AT LEAST SEVENTY-FIVE CREDITS. THIS ACT LIMITS THIS MINIMUM NORMAL RETIREMENT AGE TO MEMBERS WHO RETIRE BEFORE JANUARY 1, 2014, OR INDIVIDUALS WHO WERE MEMBERS OF THE SYSTEM ON DECEMBER 31, 2013 ,AND REMAIN MEMBERS CONTINUOUSLY TO RETIREMENT. FOR ANY PERSON WHO BECOMES A MEMBER ON OR AFTER JANUARY 1, 2014, MINIMUM NORMAL RETIREMENT AGE WILL BE AGE SIXTY-TWO OR THE DATE WHEN THE MEMBER HAS AT LEAST EIGHTY CREDITS, WHICHEVER IS EARLIER. (SECTION 169.270)

CONTRIBUTION RATES: CURRENTLY, STATUTE SETS THE EMPLOYER CONTRIBUTION RATE AT 7.5% AND THE MEMBER CONTRIBUTION RATE AT 7.5%. BEGINNING IN CALENDAR YEAR 2014 AND FOR EACH SUBSEQUENT YEAR, THE EMPLOYER CONTRIBUTION RATE WILL BE DETERMINED BY THE SYSTEM'S ACTUARY AND CERTIFIED BY THE BOARD OF TRUSTEES AT LEAST SIX MONTHS PRIOR TO THE CONTRIBUTION RATE'S EFFECTIVE DATE. IN ADDITION, THE MEMBER CONTRIBUTION RATE WILL BE DETERMINED BY THE SYSTEM'S ACTUARY.

BEGINNING IN 2013, AND ANNUALLY THEREAFTER, THE SYSTEM'S ACTUARY MUST CALCULATE THE CONTRIBUTION RATES FOR 2014 AND EACH SUBSEQUENT CALENDAR YEAR BASED ON AN ACTUARIAL VALUATION OF THE RETIREMENT SYSTEM AS OF THE FIRST DAY OF THE PRIOR CALENDAR YEAR. THE ACTUARY MUST USE THE ACTUARIAL COST METHOD AND ACTUARIAL ASSUMPTIONS ADOPTED BY THE BOARD OF TRUSTEES, AS DESCRIBED IN THE ACT. THE TARGET EMPLOYER AND MEMBER CONTRIBUTION RATES WILL BE THE AMOUNT ACTUARIALLY REQUIRED TO COVER THE NORMAL COST AND AMORTIZE ANY UNFUNDED ACTUARIAL ACCRUED LIABILITY OVER A PERIOD NOT TO EXCEED THIRTY YEARS.

THE TARGET COMBINED CONTRIBUTION RATE WILL BE ALLOCATED EQUALLY BETWEEN THE EMPLOYER AND MEMBER CONTRIBUTION RATE EXCEPT THAT THE CONTRIBUTION RATE MUST NOT BE LESS THAN 7.5% AND NOT EXCEED 9%. THE CONTRIBUTION RATE CANNOT INCREASE MORE THAN ONE-HALF PERCENT FROM ONE YEAR TO THE NEXT. (SECTIONS 169.291 & 169.350)

BENEFIT FORMULA: THIS ACT MODIFIES THE BENEFIT FORMULA USED TO CALCULATE THE ANNUAL SERVICE RETIREMENT ALLOWANCE.

THE CURRENT BENEFIT FORMULA USES A MULTIPLIER OF TWO WHEN CALCULATING THE ANNUAL SERVICE RETIREMENT ALLOWANCE. THIS ACT LIMITS THE USE OF THIS MULTIPLIER OF TWO TO INDIVIDUALS WHO RETIRE BEFORE JANUARY 1, 2014, OR WHO WERE MEMBERS OF THE SYSTEM ON DECEMBER 31, 2013. FOR INDIVIDUALS WHO BECOME MEMBERS ON OR AFTER JANUARY 1, 2014, THE ANNUAL SERVICE RETIREMENT ALLOWANCE WILL BE CALCULATED USING A MULTIPLIER OF ONE AND THREE-FOURTHS.

COLA: THE BOARD OF TRUSTEES MAY ONLY AWARD A COST-OF-LIVING-ADJUSTMENT IF IT DOES NOT REQUIRE AN ADJUSTMENT OF THE THEN APPLICABLE EMPLOYER AND MEMBER CONTRIBUTION RATES. (SECTION 169.324)

THIS AMENDMENT IS IDENTICAL TO SB 223 (2013).

HA 5: THIS AMENDMENT ALLOWS TENURED TEACHERS IN THE ST. LOUIS CITY SCHOOL DISTRICT TO BE REMOVED BASED ON INCOMPETENCY.

THIS AMENDMENT 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 AMENDMENT 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 AMENDMENT 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.

THIS AMENDMENT IS SUBSTANTIALLY SIMILAR TO SB 125 (2013).

HA 6: THIS AMENDMENT CREATES "BRYCE'S LAW." THIS AMENDMENT ALLOWS ORGANIZATIONS TO BE CLASSIFIED AS SCHOLARSHIP GRANTING ORGANIZATIONS, AS DESCRIBED IN THE ACT, THAT MAY DISTRIBUTE SCHOLARSHIPS TO ELIGIBLE CHILDREN OR STUDENTS TO ATTEND A QUALIFIED SCHOOL. ELIGIBLE CHILDREN INCLUDE CHILDREN AGES ZERO TO FIVE WITH AN INDIVIDUALIZED FAMILY SERVICES PROGRAM UNDER FIRST STEPS. ELIGIBLE STUDENTS INCLUDE ELEMENTARY OR SECONDARY STUDENTS WHO HAVE ATTENDED PUBLIC SCHOOL, AS DESCRIBED IN THE ACT, WHO HAVE AN INDIVIDUALIZED EDUCATION PROGRAM BASED ON A SPECIAL NEEDS CONDITION OR A MEDICAL DIAGNOSIS OF A SPECIAL NEEDS CONDITION.

THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MUST ESTABLISH PROCEDURES TO IDENTIFY AND CLASSIFY SCHOLARSHIP GRANTING ORGANIZATIONS AND MUST ALSO MAKE AN ANNUAL DETERMINATION OF THE NUMBER OF MISSOURI STUDENTS WITH AN INDIVIDUALIZED EDUCATION PROGRAM, INCLUDING STUDENTS WITH CERTAIN CONDITIONS, AS DESCRIBED IN THE AMENDMENT. THE DEPARTMENT MUST ACTIVELY SEEK FINANCIAL RESOURCES IN THE FORM OF GRANTS AND DONATIONS THAT MAY BE DONATED TO SCHOLARSHIP FUNDS. SCHOLARSHIP GRANTING ORGANIZATIONS MAY SEEK DONATIONS TO DISTRIBUTE AS SCHOLARSHIPS. SCHOLARSHIPS WILL BE DISTRIBUTED IN THE FORM OF CHECKS TO THE STUDENT'S OR CHILD'S PARENT.

THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MUST CONDUCT A STUDY OF THE PROGRAM WITH FUNDS OTHER THAN STATE FUNDS. THE DEPARTMENT MUST PROVIDE THE GENERAL ASSEMBLY WITH A COPY OF THE STUDY'S FINAL REPORT BY DECEMBER 31, 2016. THE PROGRAM WILL SUNSET IN SIX YEARS.