HB 1606
Modifies provisions relating to elementary and secondary education
Sponsor:
LR Number:
5095S.06T
Committee:
Last Action:
7/13/2018 - Signed by Governor
Journal Page:
Title:
SS HCS HB 1606
Calendar Position:
Effective Date:
Varies
House Handler:

Current Bill Summary

SS/HCS/HB 1606 - This act modifies provisions relating to elementary and secondary education.

SCHOOL CALENDAR:

Currently, public schools are required to be in session for a minimum of 174 days and 1,044 hours a year. Beginning in the 2019-2020 school year, this act changes the requirement to a minimum of 1,044 hours of actual pupil attendance with no minimum number of required school days except for kindergarten pupils who shall be provided a minimum of 522 hours of actual pupil attendance with no minimum number of days.

Beginning in the 2019-2020 school year, when determining the amount of state aid to the Division of Youth Services in the Department of Social Services for educational services to elementary and secondary students who have been assigned to the Division by the courts and who have been determined as inappropriate for local public school attendance, the number of full-time equivalent students shall be determined by dividing the number of student-hours by 1,044 hours. A student hour shall mean one hour of education services provided for one student.

Beginning in the 2019-2020 school year, each school calendar shall include 36 make-up hours for possible loss of attendance due to inclement weather. A school district may be exempt from the requirement to make up school lost or canceled due to inclement weather when the district has made up the required 36 hours and half the number of additional lost or canceled hours up to 48 hours, resulting in no more than 60 total make-up hours. The Commissioner of Education may provide, upon request, a waiver for any school district to be excused from the 1,044 hours of actual pupil attendance requirement. (Sections 160.011, 160.041, 163.021, 163.073, 171.031, & 171.033)

Provisions of law allowing a school district to establish a four-day school week are repealed effective July 1, 2019. (Section 171.029)

These provisions are identical to perfected HB 1573 (2018) and similar to HB 677 (2017).

SCHOOL ACCOUNTABILITY PORTAL:

This act requires every school district and charter school to maintain an accountability portal for the public. By September 1, 2019, each public school and charter school shall develop, maintain, and make available all publicly available income, expenditure, and disbursement information for the current fiscal year. The data on the portal shall be updated quarterly and remain available for the next 10 years. If the expenditure and revenue information is not provided on a school district's website, then there may be a link provided to the information which is stored on the Department of Elementary and Secondary Education's (DESE) website.

Additionally, this act requires, by January 1, 2019, that DESE create a template for voluntary use by any school district needing assistance in developing an accountability portal. In the event that a school district or charter school does not maintain a website, the information shall be maintained through DESE. (Section 160.066)

These provisions are identical to perfected HCS/HB 1370 (2018) and similar to HB 263 (2017).

REALLOCATION OF STATE SCHOOL FUNDING: Currently, school districts are required to allocate 1% of moneys received under the school foundation formula to the professional development committee of the district. Under this act, school districts may, by majority vote of the board, allocate less than 1% but no less than .5% when such district is appropriated less than 25% of the allowable costs of providing pupil transportation under the school foundation formula. A school district may appropriate money in such manner until the end of fiscal year 2024. (Section 160.530)

These provisions are identical to perfected SB 687 (2018) and substantially similar to a provision contained in HCS/SB 434 (2017).

EDUCATIONAL WORKFORCE DEVELOPMENT: This act provides students the opportunity to choose between the ACT WorkKeys assessment or ACT assessment, including ACT Plus Writing, in any school year in which the Department of Elementary and Secondary Education directs a state-funded census administration of the ACT assessment, or in which a school district directs the administration of the ACT assessment. (Section 160.572)

STATE BOARD OF EDUCATION:

This act requires the Governor to appoint a teacher representative to the State Board of Education. The teacher representative shall attend all Board meetings and participate in deliberations. However, the teacher representative shall not have the right to vote on any matter or be counted for purposes of establishing a quorum.

The teacher representative shall be an active classroom teacher, as described in the act, and have written support of his or her local school board.

The teacher representative's term shall be for four years and subsequent appointments shall be made in rotation from each congressional district, beginning with the first congressional district and continuing in numerical order. In the event of a vacancy in the position of teacher representative, the Governor shall appoint a replacement by and with the advice and consent of the Senate.

These provisions expire on August 28, 2026. (Section 161.026)

The teacher representative shall not participate in closed meetings of the Board. (Section 161.072)

These provisions are substantially similar to provisions contained in the truly agreed CCS/HCS/SB 743 (2018) and similar to provisions contained in HCS/SB 695 (2018).

HIGH SCHOOL EQUIVALENCY TESTING: This act requires the Department of Elementary and Secondary Education (DESE) to give high school equivalency certificate applicants the opportunity to voluntarily submit their contact information for the purpose of evaluating the college and career placement rates of the applicant.

Subject to appropriations, this act requires DESE to subsidize the exam fee for those taking the high school equivalency degree exam for the first time. (Sections 161.094 & 161.095)

These provisions are identical to SB 107 (2017), SCS/SB 998 (2016), identical to provisions contained in SCS/HB 469 (2017), and similar to HB 2238 (2016).

CAREER AND TECHNICAL STUDENT ORGANIZATIONS:

This act specifies that the Department of Elementary and Secondary Education shall be responsible for the receipt and disbursement of funds from career and technical student organizations. (Section 161.106)

This provision is identical to HB 1348 (2018).

MISSOURI COURSE ACCESS AND VIRTUAL SCHOOL PROGRAM:

This act changes the Missouri Virtual Instruction Program (MOVIP) to "The Missouri Course Access and Virtual School Program" and allows any eligible student to enroll in program courses of his or her choice to be paid by the school district or charter school, if the student has been enrolled full-time in a public school, including a public charter school, for at least one semester immediately prior to enrolling in the program, and the course is approved by the student's school district or charter school through a procedure described in the act. A student with a documented medical or psychological condition that prevented the student from attending school during the previous semester shall be exempt from the requirement that a student is enrolled full-time in and attended a public school for at least one semester in order to enroll in Missouri Course Access and Virtual School Program courses.

A school district or charter school shall pay, for any single, year-long course for a student, the market necessary costs or 14% of the state adequacy target as calculated at the end of the most recent school year. A school district or charter school shall pay no more than 7% of the state adequacy target as calculated at the end of the most recent school year for any single, semester-long course. School districts and charter schools may negotiate with the course providers for a lower cost. Payment for a full-time virtual school student shall not exceed the state adequacy target, unless the student receives additional federal or state aid.

If a student who is a candidate for A+ tuition reimbursement enrolls in a course under the act, the school shall attribute no less than 95% attendance to any such student who has completed such course.

Individual learning plans shall be developed for all students enrolled in more than 2 full-time program courses.

School districts and charter schools shall adopt a policy that delineates the process by which a student may enroll in program courses. If a district or charter school disapproves a student's enrollment request, such request shall be for "good cause" as set forth in the act. In cases of denial, a process is established for a student and his or her family to appeal such denial.

The Department of Elementary and Secondary Education shall establish an authorization process for course providers and authorize those providers that submit all necessary information and offer courses that align to state academic standards.

The Department shall publish the authorization process along with deadlines and guidance applicable to the submission process. If there are insufficient funds to evaluate and authorize course providers, the Department may charge applicant course providers a fee to ensure that evaluation occurs. The authorization process shall provide for continuous monitoring of course providers and courses. The Department shall revoke, suspend, or take other corrective action if a provider or individual course no longer meets the requirements of the program. A provider shall be given a reasonable time period to take corrective action to avoid such revocation or suspension. Authorization renewal shall take place at least once every two years.

The Department shall publish an annual report on the state of the program that includes information as set forth in the act. Additionally, the Department shall create a course catalog for the program with information about courses authorized and available to students in the state.

The act requires the State Board of Education to: ensure that multiple learning management systems are provided for, provide an easily accessible link for course vendors on the program website, allow anyone to submit course for approval, and require vendors to accept monthly payments for students enrolled in their courses.

Courses already approved through MOVIP by August 28, 2018, shall automatically be authorized to participate in the program. Additionally, any online course or virtual program offered by a school district or charter school which meets the requirements of provisions of law relating to state funding for virtual schools shall automatically be approved to participate in the Missouri Course Access and Virtual School Program. Such course or program shall be subject to periodic renewal. A school district or charter school offering such a course or program shall be deemed an approved provider. (Section 161.670)

The act repeals provisions establishing circumstances under which a student may be enrolled in the Missouri Virtual Instruction Program. The repeal of these provisions becomes effective July 1, 2019. (Section 167.121)

These provisions are identical to perfected SS/SCS/SBs 603, 576 & 898 (2018), and similar to HCS/HB 1408 (2018), SCS/HCS/HB 138 (2017), SCS/SBs 327, 238 & 360 (2017), HB 970 (2017), and HB 2123 (2016).

SCHOOL BUS DRIVER MEDICAL ENDORSEMENTS: Currently, school bus drivers provide an annual statement from a medical examiner certifying that they can safely operate a school bus. This act provides that such statement be made on a biennial basis. (Section 162.064)

This provision is similar to HB 1675 (2018) and to a provision contained in HCS#2/SS#2/SCS/SB 1050 (2018) and SCS/HCS/HB 631 (2017).

BONDING REQUIREMENTS OF 7-DIRECTOR SCHOOL DISTRICTS:

Current law requires the treasurer of a seven-director school district, when entering into a bond to the state, to do so with two or more sureties. This act authorizes the treasurer to use one or more sureties. (Section 162.401)

These provisions are identical to perfected SB 743 (2018), to a provision contained in HCS/SCS/SBs 300 & 306 (2017) and SCS/HB 587 (2017), HB 1478 (2016), and HB 979 (2015).

GIFTED EDUCATION:

This act requires any school district with an approved gifted education program to have a policy, which shall be approved by the district's board of education, that outlines the procedures and conditions under which parents or guardians may request a review of the decision that determined their child did not qualify to receive services through the district's gifted education program.

School districts and school and school district employees shall be immune from liability for any and all acts or omissions relating to the decision that a child did not qualify to receive services through the district's gifted education program.

This act also allows for the subject or whole grade acceleration of any student who demonstrates certain characteristics described in the act. (Sections 162.720 & 162.722)

These provisions are identical to SCS for HB 1421 and HB 1371 (2018), provisions contained in the truly agreed CCS/HCS/SB 743 (2018), and similar to SB 648 (2018) and HCS/HB 670 (2017).

PERSONAL INFORMATION OF STUDENTS:

This act provides that in the event of a breach of data maintained in an electronic form that includes personal information of a student, the school district shall notify the parent or legal guardian of the affected student. Notification of the breach shall also be sent to the Department of Elementary and Secondary Education and the State Auditor. (162.1475)

These provisions are identical to perfected SB 582 (2018) and a provision in HCS/SB 478 (2017).

EARLY CHILDHOOD EDUCATION:

This act states that if a pupil between the ages of 3 and 5 who is eligible for free and reduced price lunch attends an early childhood education program operated by and in a district or charter school that has declared itself as a local educational agency and subsequently leaves such program, the district or charter school shall be allowed to fill the vacant enrollment spot with another eligible pupil without affecting the district's or charter school's calculation of average daily attendance.

This provision is identical to a provision contained in HCS/SB 743 (2018).

The act also repeals the phase-in of the applicability of provisions of law relating to early childhood education dependent on the accreditation status of school districts. (Section 163.018)

TRAVEL HARDSHIPS OF PUBLIC SCHOOL STUDENTS:

A parent or guardian of any pupil residing in St. Elizabeth or St. Albans is authorized to submit an application to the Commissioner of Education requesting that the pupil and any sibling of the pupil be assigned to another school district if the pupil is eligible and meets certain conditions as described in the act.

The act specifies that the driving distance from the pupil's residence to his or her attendance center in the district of residence must be 15 miles or more by the shortest route available. The new attendance center must be at least 5 miles closer in actual driving distance to the pupil's residence, and the attendance of the pupil must not cause the classroom in the receiving district to exceed the number of pupils per class set by the receiving district.

The Commissioner is required to assign pupils in the order in which applications are received. Once granted, the hardship assignment shall continue until the pupil, and any siblings of the pupil attending the same attendance center, completes his or her course of study in the receiving district or the parent withdraws the pupil. If withdrawn, subsequent grants of applications are discretionary.

A pupil who is not currently enrolled in a public school district becomes eligible to apply after the pupil has enrolled in and completed a fully year in a public school in his or her district of residence. The board of education of the district where the pupil resides shall pay the tuition of the pupil reassigned, which shall not exceed the pro rata cost of instruction. However, if the tuition of the receiving district is greater than the tuition of the pupil's district of residence, the parent or guardian of the pupil shall pay the difference in tuition.

A receiving school district shall not be required to alter its transportation route to accommodate pupils that are assigned to the receiving district. (Sections 167.121 & 167.125)

These provisions are substantially similar to SCS/SB 709 (2018) and similar to HB 2032 (2018).

INSTRUCTION IN BRAILLE:

This act requires a student to receive instruction in Braille reading and writing as part of his or her individualized education plan (IEP) unless the IEP team determines that instruction in Braille or the use of Braille is not appropriate for the child. The act modifies the definition of "student". (Section 167.225)

These provisions are identical to HCS/SB 681 (2018), and similar to SB 362 (2017), HB 2569 (2016), and HCS/HB 1003 (2015).

CAREER COUNSELING PROGRAM:

Beginning with the 2018-2019 school year, this act permits the board of education of a school district or charter school that is a local education agency to establish an academic and career counseling program in cooperation with parents and the local community that is in the best interest of, and meets the needs of, students in the community. Schools may use the Missouri Comprehensive School Counseling Program as a resource in developing such program.

The act requires the Department of Elementary and Secondary Education to develop, no later than January 1, 2019, a process for recognition of a school district's academic and career counseling program. (Section 167.266)

These provisions are identical to provisions in SCS/HCS/HB 1663 (2018) and similar to HB 187 (2017) and to provisions in SB 587 (2018) and HCS/HB 118 (2017).

INFORMATION ON INFLUENZA:

When a local school board provides information about school health issues to parents and guardians of students in kindergarten to 12th grade, the school board shall include information that is identical or similar to that produced by the Centers for Disease Control and Prevention about influenza and influenza vaccines. (Section 167.637)

This provision is identical to SCS/SB 986 (2018) and similar to HB 2294 (2018).

CAREER OPTIONS FOR STUDENTS:

This act requires the Department of Economic Development to annually identify occupations in which a critical need or shortage of trained personnel exists in the state, and provide such information to the State Board of Education. The State Board and the Department shall then compile certain data and information relating to post-secondary education and careers, as set forth in the act.

The information compiled under the act shall be distributed to each high school in this state. Each high school shall provide its students with such information before November 1st of every school year. (Section 167.902)

The act also requires the Coordinating Board for Higher Education and the Department of Economic Development to jointly provide information relating to each credential offered by a public institution of higher education, as listed in the act. Such information shall be posted on the website of the public institution of higher education and be published in the institution's course catalog by October 1, 2019. (Section 173.1004)

These provisions are identical to perfected HCS/HB 1455 (2018) and similar to HCS/HB 953 (2017).

CAREER READINESS COURSE TASK FORCE: This act also establishes the "Career Readiness Course Task Force" to explore the possibility of a course for 8th and 9th grade students covering topics related to various career and educational opportunities. The Task Force shall be composed of members as set forth in the act and shall serve without compensation. The Task Force shall consider a course that contains certain components, as described in the act.

Before December 1, 2019, the Task Force shall present its findings and recommendations to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Joint Committee on Education, and the State Board of Education. Upon presenting such findings and recommendations, the Task Force shall dissolve. (Section 167.910)

These provisions are identical to SCS/SB 873 (2018) and to provisions contained in SCS/HCS/HB 1663 (2018) and similar to HCS/HB 1245 (2018) and HCS/HB 1113 (2017).

PROFESSIONAL DEVELOPMENT: This act also allows a teacher to count hours spent in a local business externship as contact hours of professional development. (Section 168.024)

These provisions are identical to perfected HB 1415 (2018), and similar to provisions contained in HCB 4 (2017), SCS/SBs 44 & 63 (2017), HB 94 (2017), SCS/HCS/HB 253 (2017), SS#2/SCS/SB 313 (2017), and identical to HB 799 (2017).

INSTRUCTION ON HUMAN SEXUALITY:

The act requires course materials and instruction relating to human sexuality and sexually transmitted diseases to contain information about sexual harassment, sexual violence, and consent, as such terms are defined in the act. (Section 170.015)

This provision is identical to SB 788 (2018), HB 2285 (2018), and to provisions contained in HCS/HB 2234 (2018).

SCHOOL BUS DRIVER QUALIFICATIONS:

This act exempts drivers who are at least 70 years of age or older from the pre-trip inspection portion of the annual CDL skills test in order to retain authority to drive a school bus. (Section 302.272)

These provisions are identical to perfected HB 1676 (2018) and HCS/HB 560 (2017).

TRANSPORTATION OF HIGH SCHOOL STUDENTS:

The act states that the Kansas City Public Schools school board may contract with any municipality, bi-state agency, or other governmental entity to transport high school children. The contract shall be for additional transportation services and shall not replace or fulfill any of the school district's obligations to transport students to and from school. The school district may notify students of the option to use district contracted transportation students. (Section 304.060)

This provision is identical to a provision contained in SCS/HB 1442 (2018), SCS/HCS/HBs 2277 & 1983 (2018), HCB 23 (2018), the truly agreed CCS/HCS/SB 687 (2018), the truly agreed CCS/HCS/SB 743 (2018), HCS#2/SS/SB 704 (2018), and HCS#2/SS#2/SCS/SB 1050 (2018).

JAMIE ANDREWS

Amendments