Journal of the Senate

FIRST REGULAR SESSION


FIFTY-EIGHTH DAY--THURSDAY, APRIL 24, 1997


     The Senate met pursuant to adjournment.

     President Pro Tem McKenna in the Chair.

     The Chaplain offered the following prayer:

     Our Father in Heaven, because what is done here affects so many lives, we pray for a spirit of good will, understanding and concern for one another. Remove from us bad feelings and ill will toward one another. As Paul wrote, "Let all things be done decently and in order." In Jesus Name we pray. Amen.

     The Pledge of Allegiance to the Flag was recited.

     A quorum being established, the Senate proceeded with its business.

     The Journal of the previous day was read and approved.

     The following Senators were present during the day's proceedings:

Present--Senators
BanksBentleyCaskeyChilders
ClayCurlsDePascoEhlmann
FlotronGoodeGravesHouse
HowardJacobJohnsonKenney
KinderKlarichLybyerMathewson
MaxwellMcKennaMuellerQuick
RohrbachRussellSchneiderScott
SimsSingletonStaplesWestfall
WigginsYeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

SENATE BILLS FOR PERFECTION

     Senator Caskey moved that SB 360, with SS No. 3 and SA 4 (pending), be called from the Informal Calendar and again taken up for perfection, which motion prevailed.

     SA 4 was again taken up.

     Senator Clay moved that the above amendment be adopted.

     Senator Quick announced that photographers from KRCG-TV had been given permission to take pictures in the Senate Chamber today.

     Senator Ehlmann offered SA1 to SA 4, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 4

     Amend Senate Amendment No. 4 to Senate Substitute No. 3 for Senate Bill No. 360, Page 1, Section 163.011, Line 9, by adding the following: "on the condition that the School District of the City of St. Louis go to an all year schedule for grades K through 8.".

     Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.

     SA 4, as amended, was again taken up.

     Senator Clay moved that the above amendment, as amended, be adopted, which motion failed on a standing division vote.

     Senator Staples offered SA 5:

SENATE AMENDMENT NO. 5

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 9, Section 153.030, Line 26 of said page, by inserting immediately after all of said line the following:

     "160.257. 1. The commissioner of education shall direct the department of elementary and secondary education to insure that all school districts have a program of pupil testing which shall test competency in the subject areas of English, reading, language arts, science, mathematics, social studies and civics.

     2. The department of elementary and secondary education shall identify key skills within the subject areas contained in subsection 1 of this section which shall provide the foundation for the local school district's testing program. The department of elementary and secondary education may not set maximal testing standards.

     3. Each local school district shall have a testing program. District testing programs may include minimal promotion standards and shall give due consideration to the research on the influence of cultural diversity on testing performance.

     4. The testing program of each local school district shall include, but shall not be limited to, criterion-referenced tests approved by the department of elementary and secondary education. This testing program shall test all students at periodic grade levels. The testing program may test students annually. The tests shall monitor progress on key skills and shall identify areas for instructional improvement. The department of elementary and secondary education may develop criterion-referenced tests and assist districts with their testing programs upon the district's request.

     5. With regard to the Missouri school improvement program and accreditation, each local school district shall have the option of using either a criterion referenced test, the Missouri assessment standards, or a nationally recognized norm referenced test as the indicator of local student academic achievement. Other provisions of law to the contrary notwithstanding, the test selected by a school district pursuant to this subsection shall be the test used for the district for all purposes of law providing for the use of the statewide assessment system established pursuant to section 160.518, if the test so selected is other than the statewide assessment system. No school district shall lose Missouri school improvement program or accreditation points for academic test achievement in any subject matter in any grade level, from kindergarten through grade twelve where the scores of the class as a whole meet or exceed the national or state fiftieth percentile of the achievement test adopted by the local district.

     6. Two years of data from any achievement test used shall constitute a trend for meeting or improving the minimal achievement scores. The socioeconomic status of a school district shall be considered and appropriate accommodations shall be made in the overall assessment of the school district when assessing schools for pupil competency. The department of elementary and secondary education shall develop a procedure to consider economic hardship and socioeconomic disadvantage when preparing Missouri school improvement program reviews for district accreditation.

     7. In determining whether a school has a socioeconomic disadvantage, the department of elementary and secondary education shall consider:

     (1) School districts which have a poverty concentration ratio equal to or greater than the statewide average poverty concentration ratio;

     (2) School districts in which at least thirty percent of the households in the district have incomes which are at or below one hundred percent of the federal poverty level; and

     (3) Other data that the department of elementary and secondary education deems appropriate.

     [5.] 8. The department of elementary and secondary education shall develop or select tests which measure student performance on minimum key skills, and shall annually administer such tests to a randomly selected, statewide sample of public school students.

     [6.] 9. Each local school district shall provide testing information upon request to the department of elementary and secondary education.

     [7.] 10. The department of elementary and secondary education shall annually report to the general assembly composite pupil testing information."; and

     Further amend the title and enacting clause accordingly.

     Senator Staples moved that the above amendment be adopted.

     Senator Wiggins assumed the Chair.

     Senator Caskey offered SA 1 to SA 5, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 5

     Amend Senate Amendment No. 5 to Senate Substitute No. 3 for Senate Bill No. 360, Page 2, Section 160.257, Lines 5-20 of said page, by striking all of said lines and renumbering the remaining subsections accordingly.

     Senator Caskey moved that the above amendment be adopted.

     President Wilson assumed the Chair.

     Senator Wiggins resumed the Chair.

     Senator Johnson assumed the Chair.

     At the request of Senator Caskey, SA 1 to SA 5 was withdrawn.

     At the request of Senator Staples, SA 5 was withdrawn.

     Senator Staples offered SA 6:

SENATE AMENDMENT NO. 6

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 9, Section 153.030, Line 26 of said page, by inserting immediately after all of said line the following:

     "160.257. 1. The commissioner of education shall direct the department of elementary and secondary education to insure that all school districts have a program of pupil testing which shall test competency in the subject areas of English, reading, language arts, science, mathematics, social studies and civics.

     2. The department of elementary and secondary education shall identify key skills within the subject areas contained in subsection 1 of this section which shall provide the foundation for the local school district's testing program. The department of elementary and secondary education may not set maximal testing standards.

     3. Each local school district shall have a testing program. District testing programs may include minimal promotion standards and shall give due consideration to the research on the influence of cultural diversity on testing performance.

     4. The testing program of each local school district shall include, but shall not be limited to, criterion-referenced tests approved by the department of elementary and secondary education. This testing program shall test all students at periodic grade levels. The testing program may test students annually. The tests shall monitor progress on key skills and shall identify areas for instructional improvement. The department of elementary and secondary education may develop criterion-referenced tests and assist districts with their testing programs upon the district's request.

     5. Two years of data from any achievement test used shall constitute a trend for meeting or improving the minimal achievement scores. The socioeconomic status of a school district shall be considered and appropriate accommodations shall be made in the overall assessment of the school district when assessing schools for pupil competency. The department of elementary and secondary education shall develop a procedure to consider economic hardship and socioeconomic disadvantage when preparing Missouri school improvement program reviews for district accreditation.

     6. In determining whether a school has a socioeconomic disadvantage, the department of elementary and secondary education shall consider:

     (1) School districts which have a poverty concentration ratio equal to or greater than the statewide average poverty concentration ratio;

     (2) School districts in which at least thirty percent of the households in the district have incomes which are at or below one hundred percent of the federal poverty level; and

     (3) Other data that the department of elementary and secondary education deems appropriate.

     [5.] 7. The department of elementary and secondary education shall develop or select tests which measure student performance on minimum key skills, and shall annually administer such tests to a randomly selected, statewide sample of public school students.

     [6.] 8. Each local school district shall provide testing information upon request to the department of elementary and secondary education.

     [7.] 9. The department of elementary and secondary education shall annually report to the general assembly composite pupil testing information."; and

     Further amend the title and enacting clause accordingly.

     Senator Staples moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators House, Kenney, Mathewson and Yeckel.

     Senator Quick requested unanimous consent of the Senate to allow the back gallery to be designated a part of the Senate floor for purposes of establishing a quorum, which request was granted.

     SA 6 was adopted by the following vote:
Yeas--Senators
CaskeyChildersClayCurls
GravesHowardJacobJohnson
KinderMathewsonMaxwellMcKenna
QuickScottSimsStaples
Wiggins--17
Nays--Senators
BentleyEhlmannFlotronGoode
HouseKenneyKlarichLybyer
RohrbachRussellSchneiderSingleton
WestfallYeckel--14
Absent--Senators
BanksDePascoMueller--3
Absent with leave--Senators--None

     Senator Goode offered SA 7:

SENATE AMENDMENT NO. 7

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Pages 102, Section 2, Line 7 of said page, by inserting immediately after the word "application" the following: "within sixty days of the date of denial of the application by the school district"; and

     Further amend said bill, page 107, section 3, lines 7-13 of said page, by striking all of said lines and inserting in lieu thereof the following: "enrolling in the school, and such preference may provide for increased enrollment of children eligible for free or reduced price lunch, provided that such preference shall not require enrollment at the charter school of a percentage of children eligible for free or reduced price lunch greater than one hundred and ten percent of the percentage of resident pupils in the district in which the charter school is located who are eligible for free or reduced price lunch; and"; and

     Further amend said bill, pages 120-122, section 10, by striking all of said section from said pages and inserting in lieu thereof the following:

     "Section 10. 1. The state board of education shall establish criteria for determining school districts which may be exempted pursuant to subsection 3 of this section. The criteria may include a minimum level of enrollment of the district and may include performance-based criteria concerning any or all of the following: the district graduation rate, test scores of the district's graduating class on nationally-recognized college entrance examinations, the fraction of a district's graduating class enrolled in a two or four-year college or university, the fraction of a district's graduating class enrolled in a postsecondary vocational or technical school and the fraction of a district's graduating class which has proceeded to a high wage job with work place skill development opportunities.

     2. School districts may apply to the state board of education for approval of exemption provided pursuant to subsection 3 of this section. The state board of education shall approve an application upon a determination that the district satisfies the criteria for exemption established pursuant to subsection 1 of this section, and the state board may specify, for each approved district, those laws, rules and policies from which approved districts may be exempted pursuant to subsection 3 of this section from which such approved district shall not be exempted. The state board of education shall designate, at the time of approval, the duration of the exemption, which shall not exceed five years.

     3. School districts approved for exemption by the state board of education pursuant to subsection 2 of this section shall be exempt from all laws, rules and policies pertaining to the operation of the school district as specified by the state board of education in its determination of approval of the exemption. An exemption approved pursuant to this section shall be for a period specified by the state board of education in its determination of approval and such period shall not exceed five years following the date the district's exemption is approved by the state board. The state board of education may remove any school district's approval under this section as exempt on the grounds that the district no longer satisfies the criteria for exemption established pursuant to this section.

     4. This section shall not apply to any special school district located within the state.

     5. A school district shall not be exempted pursuant to this section from any requirements relating to:

     (1) Those requirements imposed by the federal government; or

     (2) Requirements relating to health and safety; or

     (3) Requirements relating to the maintaining of financial, attendance, personnel records and reports, as determined by the commissioner; or

     (4) Requirements relating to the employment of certified personnel for positions as required by other school districts not subject to the provisions of this section, except that school districts subject to the provisions of this section shall have no requirements for certification in area.

     6. Other provisions of sections 1 to 4 of this act to the contrary notwithstanding, in any school district which is exempted pursuant to subsection 3 of this section, charter schools may be sponsored by the governing board of an approved public institution of higher education, as defined in section 173.205, RSMo. Charter schools in such districts shall be established and operated pursuant to sections 1 to 4 of this act, except that any application to establish a charter school in such district which is denied by the district school board may be appealed to the state board of education for mediation pursuant to subsection 5 of section 2 of this act.".

     Senator Goode moved that the above amendment be adopted, which motion prevailed.

     Senator Mathewson assumed the Chair.

     Senator Johnson resumed the Chair.

     Senator Mathewson resumed the Chair.

     Senator House offered SA 8:

SENATE AMENDMENT NO.8

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Pages 101, Section 2, Line 18 of said page by inserting immediately after the word "district" the following: "specified in subdivision (3) of this subsection"; and further amend line 24 of said page by inserting immediately after the word "district" the following: "specified in subdivision (3) of this subsection"; and

     Further amend said bill and section, page 102, line 12 of said page, by inserting after all of said line the following:

     "(3) The provisions of this subsection shall apply only to a school district in a city not within a county or a school district which has an enrollment of at least twenty thousand pupils and which is located in a city which is located in more than one county and which city has a population in excess of three hundred thousand persons.".

     Senator House moved that the above amendment be adopted, which motion failed.

     Senator Kenney offered SA 9:

SENATE AMENDMENT NO. 9

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 25, Section 162.081, Line 23, by inserting immediately after all of said line the following:

     "(9) Other provisions of this chapter to the contrary notwithstanding, the state board of education may not attach a lapsed school district to any school district if the school district being considered to receive territory of a lapsed district opposes the attachment. The board of directors or school board in any school district being considered to receive a lapsed district may, by majority vote, oppose any attachment by the state board of education.".

     Senator Kenney moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Ehlmann, House, Russell and Westfall.

     Senator Johnson resumed the Chair.

     SA 9 failed of adoption by the following vote:
Yeas--Senators
ChildersEhlmannFlotronGraves
HouseKenneyKinderKlarich
RohrbachRussellSimsSingleton
WestfallYeckel--14
Nays--Senators
BanksBentleyCaskeyClay
CurlsDePascoGoodeHoward
JacobJohnsonLybyerMathewson
MaxwellMcKennaQuickSchneider
ScottStaplesWiggins--19
Absent--Senators--Mueller--1
Absent with leave--Senators--None

     Senator Russell offered SA 10:

SENATE AMENDMENT NO. 10

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 45, Section 163.031, Line 16 of said page, by striking the following: "and provided that the proration"; and further amend lines 17 to 28, by striking all of said lines; and

     Further amend said bill and section, page 46, lines 1 to 5, by striking all of said lines; and further amend line 6 by striking the following: "subsection 6 of this section"; and

     Further amend said bill, page and section, line 16, of said page, by striking the word "twenty" and inserting in lieu thereof the word "thirty"; and

     Further amend said bill, page and section, Line 19 of said page, by striking the word "for districts with poverty"; and further amend lines 20 to 28, by striking all of said lines; and

     Further amend said bill and section, Page 47, line 1 to 13 of said page, by striking all of said lines; and further amend line 14, by striking the following: "purposes;"; and

     Further amend said bill and section, Page 48, Line 9 of said page, by striking the following: "[14] 14(a)" and inserting in lieu thereof the following: "14"; and

     Further amend said bill, Page and Section, Line 20, of said page, by striking the following: "Payments made pursuant to line 14(b) of subsection" and further amend lines 21 and 22, by striking all of said lines; and

     Further amend said bill, Page 53, Section 163.031, Line 12 of said page, by striking the following: "[14.] 14(a)." and inserting in lieu thereof the following: "14."; and

     Further amend said bill, Page 53, Section 163.031, Line 14 of said page, by striking the following: ".20" and inserting in lieu thereof the following: ".30"; and

     Further amend said bill, Page 53, Section 163.031, Lines 18 to 28 of said page, by striking all of said lines; and

     Further amend said bill, Page 54, Section 163.031, lines 1 to 13, by striking all of said lines; and

     Further amend said bill, Page 78, Section 166.260, Line 15 of said page, by striking the following: "1."; and

     Further amend said bill, Page 78, Section 166.260, Line 18 of said page, by striking the following: "(a)" and

     Further amend said bill, Page 80, Section 166.260, Lines 4 to 28 of said page, by striking all of said lines; and

     Further amend said bill, Page 81, Section 166.260, Lines 1-28 of said pages, by striking all of said lines; and

     Further amend said bill, Page 82, Section 166.260, Lines 1-17 of said pages, by striking all of said lines.

     Senator Russell moved that the above amendment be adopted.

     Senator Scott assumed the Chair.

     Senator Wiggins resumed the Chair.

     Senator Johnson resumed the Chair.

     Senator Caskey requested a roll call vote be taken on the adoption of SA 10 and was joined in his request by Senators House, Mathewson, Rohrbach and Sims.

     SA 10 failed of adoption by the following vote:
Yeas--Senators
ChildersEhlmannGravesHouse
KenneyKinderRohrbachRussell
SingletonWestfallYeckel--11
Nays--Senators
BentleyCaskeyClayCurls
DePascoFlotronHowardJacob
JohnsonKlarichLybyerMathewson
MaxwellMcKennaQuickSchneider
ScottSimsStaplesWiggins--20
Absent--Senators
BanksGoodeMueller--3
Absent with leave--Senators--None

     Senator Childers offered SA 11, which was read:

SENATE AMENDMENT NO. 11

Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 83, Section 166.275, Lines 15-16 of said page, by striking "subdivision (3)" and inserting in lieu thereof the following: "subdivisions (3) and (4)"; and

     Further amend said bill and section, Page 83, Lines 24-25 of said page, by striking "subdivision (3)" and inserting in lieu thereof the following: "subdivisions (3) and (4)"; and

     Further amend said bill and section, Page 86, Line 14 of said page, by inserting after all of said line the following:

     "4. For the first fiscal year funds are distributed pursuant to this subsection, the department shall determine a uniform per pupil payment factor by dividing the total amount of savings by the statewide total number of eligible pupils, and each school district shall receive an annual payment from such total amount of savings equal to the uniform per pupil payment factor times the district's eligible pupil count for the preceding year and such funds shall be placed to the credit of the capital projects fund and used for capital projects purposes as provided by law.".

     Senator Childers moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Caskey, Ehlmann, Kenney and Westfall.

     SA 11 failed of adoption by the following vote:
Yeas--Senators
ChildersEhlmannGravesHouse
KenneyKinderKlarichRohrbach
RussellSingletonWestfall--11
Nays--Senators
BentleyCaskeyCurlsDePasco
FlotronHowardJacobJohnson
LybyerMathewsonMaxwellMcKenna
QuickSchneiderScottSims
StaplesWigginsYeckel--19
Absent--Senators
BanksClayGoodeMueller--4
Absent with leave--Senators--None

     Senator Westfall offered SA 12:

SENATE AMENDMENT NO. 12

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 45, Section 163.031, Lines 17-28 of said page, striking all of said lines and inserting in lieu thereof the following: "factor for line 14(b) shall be set as needed, after first transferring such funds, as needed, to the state school moneys fund to ensure that district entitlements established pursuant to line 1 of subsection 6 of section 163.031, RSMo, are funded with a proration factor no less than one and then transferring such funds, as needed, to ensure that the categorical entitlements established pursuant to lines 11, 12, 13, 14(a), 15, 16 and 17 of subsection 6 of section 163.031, RSMo, respectively, are funded with a proration factor of no less than one."; and

     Further amend said bill and section, page 46, lines 1-6 of said page by striking all the underlined language from said lines; and

     Further amend said bill, page 84, section 166.275, line 4 of said page, by inserting after "RSMo" the following: ", after first transferring such funds, as needed, to the state school moneys fund to ensure that district entitlements established pursuant to line 1 of subsection 6 of section 163.031, RSMo, are funded with a proration factor no less than one and then transferring such funds, as needed, to ensure that the categorical entitlements established pursuant to lines 11, 12, 13, 14(a), 15, 16 and 17 of subsection 6 of section 163.031, RSMo, respectively, are funded with a proration factor of no less than one"; and further amend lines 17-23 of said page, by striking all of said lines and inserting in lieu thereof the following: "court's jurisdiction;".

     Senator Westfall moved that the above amendment be adopted.

     Senator Caskey requested a roll call vote be taken on the adoption of SA 12 and was joined in his request by Senators Bentley, Rohrbach, Westfall and Wiggins.

     SA 12 failed of adoption by the following vote:
Yeas--Senators
ChildersEhlmannGravesHouse
KenneyKinderRohrbachRussell
SingletonWestfallYeckel--11
Nays--Senators
BentleyCaskeyCurlsDePasco
FlotronHowardJacobJohnson
KlarichLybyerMathewsonMaxwell
McKennaQuickSchneiderScott
SimsStaplesWiggins--19
Absent--Senators
BanksClayGoodeMueller--4
Absent with leave--Senators--None

     Senator Rohrbach offered SA 13:

SENATE AMENDMENT NO. 13

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 12, Section 160.518, Line 9 of said page, by adding immediately after said line the following:

     "160.522. 1. By July 1, 1996, the state board of education shall adopt a policy for the public reporting of information by school districts on an annual basis. The school district reports shall be distributed to all media outlets serving the district, and shall be made available to all district patrons, and to each member of the general assembly representing a legislative district which contains a portion of the school district.

     2. The department of elementary and secondary education shall develop multiple reporting models which may be used by school districts for their public reports. The information reported shall include, but not be limited to, enrollment, rates of pupil attendance, high school dropout rate, staffing ratios, including the district ratio of students to all teachers, to administrators, and to classroom teachers, the average years of experience of professional staff and advanced degrees earned, student achievement as determined through the assessment system developed pursuant to section 160.518, student scores on the SAT or ACT, along with the percentage of students taking each test, average teachers' and administrators' salaries compared to the state averages, average salaries of noncertificated personnel compared to state averages, average per pupil expenditures for the district as a whole and for each building in the district which has pupils at the same grade level as another building in the district, voted and adjusted tax rates levied, assessed valuation, percent of the district operating budget received from state, federal, and local sources, extracurricular activities offered and the costs associated with each activity, the number of students eligible for free or reduced lunch, school calendar information, including the number of days and hours for student attendance, parent-teacher conferences, and staff development or in-service training, data on course offerings and rates of participation in parent-teacher conferences, special education programs, early childhood special education programs, parents as teachers programs, vocational education programs, gifted or enrichment programs, and advanced placement programs, data on the number of students continuing their education in postsecondary programs and information about job placement for students who complete district vocational education programs, and the district's most recent accreditation by the state board of education, including measures for school improvement.

     3. The public reporting shall permit the disclosure of data on a school by school basis, but the reporting shall not be personally identifiable to any student or education professional in the state.

     4. Beginning July 1, 1996, the annual report made by the state board of education pursuant to section 161.092, RSMo, shall include a summary of school districts accredited, provisionally accredited, and unaccredited under the Missouri school improvement program, including an analysis of standards met and not met, and an analysis of state program assessment data collected pursuant to section 160.526, describing the kinds of tasks students can perform."; and

     Further amend said bill, by amending the title and enacting clause accordingly.

     Senator Rohrbach moved that the above amendment be adopted, which motion prevailed.

     Senator Rohrbach offered SA 14:

SENATE AMENDMENT NO. 14

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 90, Section 166.300, Line 27 of said page, by inserting immediately after said line the following:

     "167.117. 1. In any instance when any person is believed to have committed an act which if committed by an adult would be assault in the first[,] or second [or third] degree, sexual assault, or deviate sexual assault against a pupil or school employee, while on school property, including a school bus in service on behalf of the district, or while involved in school activities, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent.

     2. In any instance when a pupil is discovered to have on or about such pupil's person, or among such pupil's possessions, or placed elsewhere on the school premises, any controlled substance as defined in section 195.010, RSMo, or any weapon as defined in subsection 4 of section 160.261, RSMo, in violation of school policy, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent.

     3. In any instance when a teacher becomes aware of an assault as set forth in subsection 1 of this section or finds a pupil in possession of a weapon or controlled substances as set forth in subsection 2 of this section, the teacher shall immediately report such incident to the principal.

     4. A school employee, superintendent or such person's designee who in good faith provides information to police under subsection 1 or 2 of this section shall not be civilly liable for providing such information.

     5. Any school official responsible for reporting pursuant to this section or section 160.261, RSMo, who willfully neglects or refuses to perform this duty shall be subject to the penalty established pursuant to section 162.091, RSMo."; and

     Further amend said bill, by amending the titling and enacting clause accordingly.

     Senator Rohrbach moved that the above amendment be adopted.

     Senator Ehlmann raised the point of order that SA 14 is out of order in that it goes beyond the scope and purpose of the original intent of the bill.

     The point of order was referred to the President Pro Tem, who ruled it not well taken.

     Senator Rohrbach moved that SA 14 be adopted, which motion prevailed.

     Senator Rohrbach offered SA 15:

SENATE AMENDMENT NO. 15

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 98, Section 168.221, Line 16 of said page, by inserting immediately after said line the following:

     "304.050. 1. The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children and whose driver has in the manner prescribed by law given the signal to stop, shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signaled by its driver to proceed.

     2. Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus" in letters not less than eight inches in height. Each bus shall have lettered on the rear in plain and distinct type the following: "State Law: Stop while bus is loading and unloading". Each school bus subject to the provisions of sections 304.050 to 304.070 shall be equipped with a mechanical and electrical signaling device approved by the state board of education, which will display a signal plainly visible from the front and rear and indicating intention to stop.

     3. Except as otherwise provided in this section, the driver of a school bus in the process of loading or unloading students upon a street or highway shall activate the mechanical and electrical signaling devices, in the manner prescribed by the state board of education, to communicate to drivers of other vehicles that students are loading or unloading. The driver of a school buss in the process of loading or unloading students upon a divided highway of four or more lanes may pull off of the main roadway and load or unload students without activating the mechanical and electrical signaling devices in a manner which gives the signal for other drivers to stop and may use the amber signaling devices to alert motorists that the school bus is slowing to a stop; provided that the passengers are not required to cross any traffic lanes and also provided that the emergency flashing signal lights are activated in a manner which indicates that drivers should proceed with caution, and, in such case, the driver of a vehicle may proceed past the school bus with due caution. No driver of a school bus shall take on or discharge passengers at any location upon a highway consisting of four or more lanes of traffic, whether or not divided by a median or barrier, in such manner as to require the passengers to cross more than two lanes of traffic; nor shall he take on or discharge passengers while the vehicle is upon the road or highway proper unless the vehicle so stopped is plainly visible for at least five hundred feet in each direction to drivers of other vehicles in the case of a highway with no shoulder and a speed limit greater than sixty miles per hour and at least three hundred feet in each direction to drivers of other vehicles upon [the highway] other highways, and on all highways, [then] only for such time as is actually necessary to take on and discharge passengers.

     4. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, which is proceeding in the opposite direction on a highway containing four or more lanes of traffic, or which is stopped in a loading zone constituting a part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway.

     5. The driver of any school bus driving upon the highways of this state after loading or unloading school children, should remain stopped if the bus is followed by three or more vehicles, until such vehicles have been permitted to pass the school bus, if the conditions prevailing make it safe to do so.

     6. If any vehicle is witnessed by a peace officer or the driver of a school bus to have violated the provisions of this section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation. Notwithstanding the provisions in section 301.130, RSMo, every school bus shall be required to have two license plates. In the event that charges are filed against multiple owners of a motor vehicle, only one of the owners may be convicted and court costs may be assessed against only one of the owners. If the vehicle which is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation. No prosecuting authority may bring any legal proceedings against a rental or leasing company under this section unless prior written notice of the violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing company has failed to provide the rental or lease agreement copy within fifteen days of receipt of such notice."; and

     Further amend the title and enacting clause accordingly.

     Senator Rohrbach moved that the above amendment be adopted, which motion prevailed.

     Senator Rohrbach offered SA 16:

SENATE AMENDMENT NO. 16

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 56, Section 163.161, by deleting all of said section; and

     Further amend said bill, by amending the titling and enacting clauses accordingly.

     Senator Rohrbach moved that the above amendment be adopted, which motion failed on a standing division vote.

     Senator Ehlmann offered SA 17:

SENATE AMENDMENT NO. 17

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 25, Section 162.081, Line 28, by inserting immediately after all of said line the following:

     "162.666. 1. Within 30 days after the effective date of this Act, for every city in this state not within a county and every city with a population of at least three hundred fifty thousand inhabitants, the terms of all members of any school board in these cities are abolished and the Mayors of these cities shall appoint, without the consent or approval of the City Council, a five member Reform Board of Trustees which shall take office no sooner than the appointment of the fifth member. Any powers granted to any existing school boards or delegated to any other body before the effective date of this Act shall be deemed terminated, but existing school board members shall have an advisory role until their respective terms expire. The Mayor may appoint any existing member of the school board to the Reform Board of Trustees. The purpose of the Reform Board of Trustees is to bring financial stability and responsibility to the corresponding school district while providing quality education to its students.

     2. Three of the five members of the Reform Board of Trustees initially so appointed shall serve for terms ending on September 30, 2001 and two members initially so appointed shall serve for terms ending September 30, 2003. Thereafter at the expiration of the term of any member, a successor shall be appointed by the Mayor and shall hold office for a term of four years. A vacancy in the membership of the Trustees shall be filled through appointment by the Mayor, without the consent or approval of the city council or other governing body, for the unexpired term. One of the members appointed by the Mayor to the Reform Board of Trustees shall be appointed to serve as President of the Trustees. The Mayor may appoint a full-time compensated chief executive officer, and his or her compensation shall be determined by the Mayor. The Mayor at his or her discretion, may appoint the President to serve simultaneously as the chief executive officer.

     3. The Missouri General Assembly finds that an education crisis exists in the St. Louis and Kansas City Public Schools and that a five member Reform Board of Trustees shall be established to bring educational and financial stability to the system. The trustees and their chief executive officer are empowered and directed to: (I) increase the quality of educational services in the public schools; (ii) reduce the cost of non-educational services and implement cost-saving measures including the privatization of services where deemed appropriate; (iii) develop a long-term financial plan that to the maximum extent possible reflects a balanced budget for each year; (iv) streamline and strengthen the management of the system, including a responsible school-based budgeting process, in order to refocus resources on student achievement; (v) ensure ongoing academic improvement in schools by complying with assessment standards set forth by the Department of Education and Secondary Education; (vi) enact policies and procedures that ensure the system runs in an ethical as well as efficient manner; (vii) create organizational structures, including regional offices, that it deems necessary to ensure the efficient and effective operation of the system; (viii) provide for such other local school council advisory bodies as the Trustees deem appropriate to function in an advisory capacity to any other organizations or offices established by the Trustees under clause (vii) of this Section; and (ix) may hire any employee necessary to implement its policies or relieve any employee from his or her employment and may disregard experience or tenure in these decisions.

     (a) Unless otherwise provided in this Article, the Trustees shall have all powers and duties exercised and performed by the existing school board at the time the terms of its members are abolished as provided in subsection three of this section.

     (b) The Mayor shall appoint a chief executive officer who shall be a person of recognized administrative ability and management experience, who shall be responsible for the management of the system, and who shall have all other powers and duties of any other general superintendent. The chief executive officer shall make recommendations to the Trustees with respect to contracts, policies and procedures.

     (c) The chief executive officer shall appoint, with the approval of the Trustees, a chief operating officer, a chief fiscal officer, a chief educational officer, and a chief purchasing officer to serve until June 30, 1999. These officers shall be assigned duties and responsibilities by the chief executive officer. The chief operating officer, the chief fiscal officer, the chief educational officer, and the chief purchasing officer may be granted authority to hire a specific number of employees to assist in meeting immediate responsibilities. The chief executive officer may remove any officer, subject to the approval of the Trustees. Other provisions of state law, state regulation, or school district rule or regulation to the contrary notwithstanding, conditions of employment for such personnel shall be set by the chief executive officer.

     (d) The Trustees shall report to the chief officer of the Department of Elementary and Secondary Education with respect to its performance, the nature of the reforms which it has instituted, the effect those reforms have had in the operation of the central administrative office and in the performance of pupils, staff, and members of the local school councils at the several attendance centers within the district, and such other matters as the Trustees deem necessary to help assure continuing improvement in the public school system of the district. The reports shall be public documents and shall be made annually, beginning with the school year that commences in 1997."; and

     Further amend the title and enacting clause accordingly.

     Senator Ehlmann moved that the above amendment be adopted.

     Senator Caskey offered SA 1 to SA 17, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 17

     Amend Senate Amendment No. 17 to Senate Substitute No. 3 for Senate Bill No. 360, Page 1, Section 162.666, Line 5, by inserting immediately after the word "board" the following: "of a school district with an enrollment of greater than twenty thousand students".

     Senator Caskey moved that the above amendment be adopted, which motion prevailed.

     Senator Mathewson resumed the Chair.

     Senator Ehlmann moved that SA 17, as amended, be adopted, which motion prevailed.

     Senator House offered SA 18:

SENATE AMENDMENT NO. 18

     Amend Senate Substitute No. 3 for Senate Bill No. 360, Page 98, Section 168.221, Line 16 of said page, by inserting immediately after all of said line the following:

     "170.015. 1. Any course materials and instruction relating to human sexuality and sexually transmitted diseases shall:

     (1) Present abstinence from sexual activity as the preferred choice of behavior in relation to all sexual activity for unmarried persons;

     (2) Devote more attention to abstinence from sexual activity than to any other behavior;

     (3) Emphasize that abstinence from sexual activity is the only method that is one hundred percent effective in preventing pregnancy, sexually transmitted diseases and the emotional trauma associated with adolescent sexual activity;

     (4) Direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is recognized as the most effective way to prevent pregnancy and sexually transmitted diseases;

     (5) Teach contraception and condom use in terms of real human use failure rates instead of theoretical laboratory rates, if instruction on contraception and condoms is included in curriculum content;

     (6) Stress that sexually transmitted diseases are serious, possible, health hazards of sexual activity. Pupils shall be provided with statistics based on the latest medical information citing failure and success rates of condoms and other contraceptives in preventing acquired immune deficiency syndrome (AIDS), human papilloma virus and other sexually transmitted diseases, if instruction on contraception and condoms is included in curriculum content;

     (7) Include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual activity outside of marriage and the consequences of unwanted adolescent pregnancy and emphasize the importance of respect for monogamous marriage;

     (8) Advise pupils that teenage sexual activity places them at a higher risk of dropping out of school because of the consequences of sexually transmitted diseases and unplanned pregnancy;

     (9) Advise pupils of the laws pertaining to their financial responsibility to children born in and out of wedlock and that it is unlawful for persons of any age to have sexual relations with underage persons to whom they are not married pursuant to chapter 566, RSMo;

     (10) Emphasize that the pupil has the power to control personal behavior. Pupils shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibility, self-control, and ethical considerations, such as respect for one's self and others; and

     (11) Teach pupils to not make unwanted physical and verbal sexual advances and how to say no to unwanted sexual advances. Pupils shall be taught that it is wrong to take advantage of, or exploit, another person. The material and instruction shall also encourage youth to resist negative peer pressure.

     2. A school district shall not distribute condoms or other contraceptives. Policies concerning referrals and parental notification regarding contraception may be determined by local school boards, and such policies shall be applied in a manner which is consistent with the provisions of section 167.611, RSMo.

     3. A school district which provides human sexuality instruction may separate students according to gender for instructional purposes.

     4. The board of a school district shall determine the specific content of the district's instruction in human sexuality, in accordance with subsections 1 to 3 of this section, and shall ensure that all instruction in human sexuality is appropriate to the age of the students receiving such instruction.

     5. A school district shall notify the parent or legal guardian of each student enrolled in the district of:

     (1) The basic content of the district's human sexuality instruction to be provided to the student; and

     (2) The parent's right to remove the student from any part of the district's human sexuality instruction.

     6. A school district shall make all curriculum materials used in the district's human sexuality instruction available for public inspection pursuant to chapter 610, RSMo, prior to the use of such materials in actual instruction."; and

     Further amend the title and enacting clause accordingly.

     Senator House moved that the above amendment be adopted.

     Senator Staples raised the point of order that SA 18 is out of order in that it goes beyond the scope of the bill.

     The point of order was referred to the President Pro Tem, who took it under advisement, which placed the bill on the Informal Calendar.

     The President recognized Senator Caskey, who sought the floor to interrogate Senator Maxwell.

     Senator Maxwell yielded.

     Senator Staples raised the point of order that the interrogation regarding SS No. 3 for SB 360 is out of order because the bill is no longer before the body.

     Senator Staples' point of order was referred to the President Pro Tem, who ruled it well taken, stating that the bill is no longer before the body; however, Senator Caskey retains the floor.

     Senator Caskey requested a roll call vote be taken to establish a quorum.

     A quorum was established by the following vote:
Present--Senators
BentleyCaskeyChildersCurls
EhlmannGravesHouseJohnson
KenneyKinderKlarichLybyer
MathewsonMaxwellMcKennaQuick
RohrbachRussellScottSingleton
StaplesWestfallWigginsYeckel--24
Absent--Senators
BanksClayDePascoFlotron
GoodeHowardJacobMueller
SchneiderSims--10
Absent with leave--Senators--None

     President Pro Tem McKenna resumed the Chair.

     Senator Staples raised the point of order that the debate between Senator Caskey and Senator Maxwell is out of order as there is no subject matter before the body.

     Senator Johnson resumed the Chair.

     President Pro Tem McKenna ruled the point of order not well taken.

     President Pro Tem McKenna resumed the Chair.

     Senator Caskey requested a roll call vote be taken to establish a quorum.

     A quorum was established by the following vote:
Present--Senators
CaskeyChildersCurlsDePasco
EhlmannGravesHouseJacob
JohnsonKenneyKinderLybyer
MathewsonMaxwellMcKennaQuick
RohrbachRussellScottSingleton
StaplesWestfallWigginsYeckel--24
Absent--Senators
BanksBentleyClayFlotron
GoodeHowardKlarichMueller
SchneiderSims--10
Absent with leave--Senators--None

RESOLUTIONS

     Senator Clay offered Senate Resolution No. 707, regarding the death of Osby Townsend, which was adopted.

     Senator Flotron offered Senate Resolution No. 708, regarding Keith Joseph Lococo, Hazelwood, which was adopted.

     Senator Bentley offered Senate Resolution No. 709, regarding the death of Dr. William Curtis Strube, Springfield, which was adopted.

     Senators Yeckel and Sims offered Senate Resolution No. 710, regarding Sarah Torretta, St. Louis, which was adopted.

     Senators Yeckel and Sims offered Senate Resolution No. 711, regarding Christie Messenger, St. Louis, which was adopted.

     Senators Yeckel and Sims offered Senate Resolution No. 712, regarding Jenny Nollmann, St. Louis, which was adopted.

     Senators Flotron and Sims offered Senate Resolution No. 713, regarding Lisa Sharek, Chesterfield, which was adopted.

     Senators Flotron and Sims offered Senate Resolution No. 714, regarding Marybeth Winkeler, Chesterfield, which was adopted.

     Senators Flotron and Sims offered Senate Resolution No. 715, regarding Maureen Renee Arbogast, Chesterfield, which was adopted.

     Senators Flotron and Sims offered Senate Resolution No. 716, regarding Kara Elliott, Chesterfield, which was adopted.

     Senators Flotron and Sims offered Senate Resolution No. 717, regarding Nichole Renay Smith, Chesterfield, which was adopted.

     Senators Flotron and Sims offered Senate Resolution No. 718, regarding Rachel Vokoun, Chesterfield, which was adopted.

     Senator Jacob offered Senate Resolution No. 719, regarding the City of Kutaisi, Republic of Georgia and the Honorable Teimuraz Shashiashvili, Mayor, and Gulnara Chavchidze, M.D., Vice Mayor, which was adopted.

     Senator Lybyer offered Senate Resolution No. 720, regarding Marion Gentry, Fulton, which was adopted.

INTRODUCTIONS OF GUESTS

     Senator Jacob introduced to the Senate, the Physician of the Day, Michael M. Daly, M.D., Columbia.

     Senator Mueller introduced to the Senate, one hundred eight fourth grade students from Barretts Elementary School, St. Louis; and Patrick Ruggeri, Tyrasha Brothers, Kurt Ustruck and Ing-Ting Shih were made honorary pages.

     Senator Klarich introduced to the Senate, fifty third and fourth grade students from Franklin County R-2, New Haven.

     On behalf of Senator McKenna, the President introduced to the Senate, Dr. and Mrs. Leone, Niagara Falls, New York; and Eldon Harris, Bourbon, and R.C. Smith, Jefferson County.

     Senator Jacob introduced to the Senate, Kathy Lee, and twenty fourth grade students from Christian Fellowship, Columbia; and Sara Whobry, Sean Rees, Melissa Moe, Mike Huh and Toshua McDaniel were made honorary pages.

     Senator Bentley introduced to the Senate, Amanda Swensen, Heidi Gilchrist, Stephen Jennings and Josh Brown, a homeschool group from Springfield.

     Senator Rohrbach introduced to the Senate, Ellen Turyman, and fourth grade students from Tipton Elementary, Tipton.

     Senator House introduced to the Senate, Mrs. Sutter, and sixteen students from Immaculate Conception School, Montgomery City.

     Senator Mathewson introduced to the Senate, Ms. Terry Hullett, and fifty fourth grade students from Salisbury R-IV, Salisbury; and Kristen Harlan, Kathy Wright, Justin Henke and Justin Nolke were made honorary pages.

     Senator Staples introduced to the Senate, students from southern Reynolds County; and Alicia Foster and Heather Moss were made honorary pages.

     Senator Childers introduced to the Senate, Wilma Swofford, Laura Allen, Ron Cowan, Anita Philbrick, Lana Couch, Cathy Nunley, Kim Hammen, and ninety fourth grade students from Cassville.

     Senator Childers introduced to the Senate, Marilyn Mann, Russ Brock, Jami Davis, and eleven students from Monett High School, Monett.

     Senator Caskey introduced to the Senate, fourth grade students from Whiteman Air Force Base Elementary School, Knob Noster; and Douglas Landry, Benjamin Gilbert, Marquisa Robinson and Katie Rogers were made honorary pages.

     On motion of Senator Quick, the Senate adjourned until 3:00 p.m., Monday, April 28, 1997.