SB 323
Modifies provisions relating to elementary and secondary education
Sponsor:
May
LR Number:
1585H.02C
Committee:
Last Action:
5/14/2021 - H Third Read and Passed - EC adopted
Journal Page:
Title:
HCS SB 323
Calendar Position:
4
Effective Date:
August 28, 2021
House Handler:

Current Bill Summary

HCS/SB 323 - This act modifies provisions relating to elementary and secondary education.

RESTRAINT AND SECLUSION

Under this act, school discipline policies required under current law shall reserve confining a student in seclusion for situations or conditions in which there is an imminent danger of physical harm to the student or to another.

Beginning July 1, 2022, no school district, charter school, or publicly contracted private school shall use any mechanical, physical, or prone restraint technique which cause certain obstructions, impairments, physical pressure, danger, or pain, as listed in the act. A student who primarily uses sign language or an augmentative mode of communication shall be permitted to have his or her hands free for brief periods unless doing so appears likely to result in harm.

Before July 1, 2022, each school district's written policy addressing restrictive behavioral interventions shall be updated to be consistent with the act's prohibitions and limitations related to restraint techniques. The policy shall require students to be removed from seclusion or restraint as soon as the student is determined to no longer be an imminent danger of physical harm, shall require all personnel to annually review policies and procedures related to seclusion and restraint, and to require personnel who use seclusion or restraint to complete an annual training on permitted techniques.

The policy shall also require each use of seclusion or restraint to be monitored by a personnel member and for a report containing certain documentary and parental support information to be completed and retained. A copy of the report shall be provided to the parent within 5 days of the incident and to the Department of Elementary and Secondary Education within 30 days. The school shall attempt to notify the parent as soon as possible after the use of seclusion or restraint but at the latest no later than one hour after the end of the school day.

No public or charter school officer, administrator, or employee shall retaliate against a person for reporting a violation of the school's seclusion and restraint policy or a violation of the act or for providing information regarding a violation of the act.

The Department shall compile and maintain all reported seclusion or restraint incidents in its core data system and make such data available on the Missouri Comprehensive Data System, except for personally identifiable data.

By July 1, 2022, the Department shall updates its model policy related to the confinement of students to include the provisions of the act related to the written seclusion and restraint policies. (Section 160.263)

These provisions are identical to HB 387 (2021) and provisions in SCS/HS/HB 228 (2021), HCS#2/SS/SB 327 (2021), HCS/SS/SCS/SB 152 (2021), and the truly agreed SS/SCS/HS/HB 432 (2021), and are similar to HB 119 (2021), HB 1568 (2020), HB 1569 (2020) and to provisions in HB 1023 (2019).

EXTENDED LEARNING OPPORTUNITIES ACT

This act establishes the "Extended Learning Opportunities Act".

Beginning with the 2022-23 school year, the State Board of Education and each local school board shall routinely inform students and parents of the ability to earn credit through extended learning opportunities, which the act defines as out-of-classroom learning experiences approved by the State Board, a school board, or a charter school to provide enrichment, career readiness skills, or other approved educational opportunities.

State Board, public school, and charter school employees may assist students and parents in enrolling in such programs. Such opportunities shall not require the permission of the student's school so long as the student and at least one parent sign an agreement detailing all program requirements.

Extended learning opportunities shall count as credit toward graduation requirements and the achievement of state standards. Students shall submit a written request and proof of completion to a school administrator to receive credit.

The State Board shall adopt, and each local school district shall distribute and implement, policies related to the approval of extended learning opportunities by outside entities, a list of approved entities, a process for requesting credit, criteria for the approval of extended learning opportunities by districts and charter schools, and criteria for awarding a certificate of completion and credit.

Entities approved by the State Board shall be qualified to offer extended learning opportunities for all districts and charter schools.

A student awarded a certificate of completion and credit shall be considered to have completed all coursework for the particular course of study. Opportunities that satisfy all required coursework for a high school course shall count toward credit for graduation.

Policies and procedures adopted by the State Board and by schools shall provide students an equal opportunity to participate in extended learning opportunities and shall satisfy existing timelines and requirements for transcribing and reporting credits. (Section 160.565)

These provisions are identical to provisions in HCS/SS/SCS/SB 152 (2021).

ADULT HIGH SCHOOLS

For a school to meet the definition of "adult high school" under current law, the school must offer on-site childcare for children of enrolled students, in addition to other requirements provided in current law. This act repeals the on-site requirement for such childcare.

Current law prohibits adult high schools from offering a majority of instruction online or remotely. This act provides that synchronous instruction connecting students to a live class at an adult high school shall be treated as in-person instruction.

Current law prohibits any person from establishing, operating, maintaining, or advertising a child-care facility without a license, with an exception for any private, elementary, or secondary school system providing childcare to children under school age. This act provides that adult high schools shall be deemed a "secondary school system" for purposes of such exception. (Sections 160.2700 and 160.2705)

These provisions are identical to provisions in HB 151 (2021), HCS/HB 733 (2021), and HB 624 (2021).

BREASTFEEDING ACCOMMODATIONS

This act requires the Department of Elementary and Secondary Education to develop a model policy relating to accommodations for breast-feeding by January 1, 2022. Public school districts must adopt a written policy meeting the requirements of this act by July 1, 2022.

The policy must include provisions to provide certain minimum accommodations to lactating employees, teachers, and students to express or breast-feed in each public school building within the district for at least a year after the birth of a child. School districts must provide a minimum of three opportunities during a school day to express or breast-feed. (Section 160.3005)

This act is identical to HB 254 (2021) and provisions in HCS/SS/SCS/SB 152 (2021) the truly agreed SS/SCS/HS/HB 432 (2021), substantially similar to SB 76 (2021), HB 1490 (2020), and HB 1279 (2020).

INSTRUCTION IN CURSIVE

This act requires school districts to ensure that its schools provide instruction in cursive writing so that students can create legible documents in cursive handwriting by the end of 5th grade and to ensure that each student passes with proficiency on a teacher-constructed test on reading and writing cursive. (Section 170.025)

These provisions are identical to provisions in HCS/SS/SCS/SB 152 (2021) and HCS/HB 108 (2021).

ELECTIVE COURSES ON THE BIBLE

This act allows a school district to offer an elective social studies unit on the Hebrew Scriptures, the Old Testament of the Bible, or the New Testament of the Bible. The course will include the contents, history, literary style and structure, and influences on society. No requirement shall be made by the district on the text translation students must use. This act requires that any course offered shall follow applicable laws maintaining religious neutrality, and shall not endorse, favor, promote, or show hostility to any particular religion, nonreligious faith, or religious perspective. (Section 170.341)

These provisions are identical to HCS/HB 108 (2021) and HB 1345 (2020) and are similar to HB 267 (2019).

MATT KIMMINAU