SB 0347 Line 14 "At-Risk" moneys may be used for early grade foreign language instruction
LR Number:S1587.02P Fiscal Note:1587-02
Last Action:05/14/99 - S Inf Calendar S Bills for Third Reading Journal page:
Title:SCS SBs 347, 40, 241 & 301
Effective Date:August 28, 1999
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Current Bill Summary

SS/SCS/SBs 347, 40, 241 & 301 - This act revises requirements for various educational programs, school funding, teachers and teachers' salaries, and other aspects of public school education.

FOREIGN LANGUAGE INSTRUCTION - The act provides that school districts may use any operating funds to fund the costs of foreign language instruction in grades kindergarten through three.

CIVIL RIGHTS EDUCATION - This act provides that elementary and secondary public school courses in American history shall refer to the details and events of the racial equity movement which have caused changes in laws and attitudes.

This portion of the act is similar to SB 40.

AT-RISK PROGRAMS - This act allows any school district to create after school and summer educational programs in the subjects of art, science and mathematics for at-risk youth.

This portion of the act is similar to SB 241.

SEXUAL EDUCATION AND ABSTINENCE - Public school instruction in sex education shall present abstinence as the preferred choice of sexual behavior for unmarried pupils, provide accurate information regarding sexually transmitted diseases and health effects of contraception, discuss the consequences of adolescent sexual activity and adolescent pregnancy, teach conflict management, responsibility and self-esteem and advise pupils regarding state laws pertaining to statutory rape. School districts may separate students by gender for sex education. Each school district shall ensure that instruction in sex education is appropriate to the age of students instructed.

School districts shall not distribute condoms or other contraceptives.

Parents shall be informed of the content of the district's sex education curriculum and of the parent's right to remove the student from any part of the district's sex education program.

This portion of the act is similar to the perfected version of SS#2/SB 163 from 1999 and SB 647 from 1998.

CAREER EDUCATION PROGRAMS - This act prohibits any state agency from requiring a state certificate from a public school program concerning education and employment as a condition of employment or from requiring any employer to require such certificate as a condition of employment. Professional registration and licensing are not restricted by this provision.

This portion of the act which is similar to SB 191.

OUTSTANDING SCHOOLS WAIVERS - This act revises the "Outstanding Schools Waivers". The act provides that such waivers shall be granted to any school which certifies that it meets certain criteria specified in the act pertaining to student performance, faculty credentials, school curriculum, at-risk student programs, alternative schools and high school evaluation. The waiver shall remove the pupil testing requirements pursuant to Section 160.257, RSMo, in the school, requirements for accreditation by the State Board of Education and such other rules as determined by the Commissioner of Education. Any waiver provided to a school shall be void on June thirtieth of any school year in which the school fails to meet the criteria established by the act.

This portion of the act is similar to SB 301.

RECALCULATED LEVY - School districts which are required, pursuant to Article X, Section 22 of the Missouri Constitution, to make reassessment tax rate roll backs receive state aid based upon a higher, "recalculated levy" to ensure that the district receives no less state aid than the district received based upon the tax rate prior to the roll back. Under current law, the recalculated levy lasts until such time as the district votes to raise its levy back up to or in excess of the recalculated levy.

This act revises the "recalculated levy" provision such that all school districts will continue to receive state aid based upon inclusion of the recalculated levy, even if the district votes to raise its levy up to or above the recalculated levy.

This portion of the act is similar to SB 399.

OPERATING LEVY AND CAPITAL FUNDING - Current law allows certain districts to include a portion of the current and future levies for capital projects and debt service as part of the operating levy used to determine state aid. The current limitation excludes districts which are making payments on lease purchases or are making any transfers pursuant to subsection 4 of section 165.011, RSMo, which includes the "24 cents" times the GTB transfer, transfers for area vocational/technical expenditures and transfers for transportation equipment expenditures.

Under this act, only districts making transfers under the "24 cents" times the GTB provision in Subsection 4 of Section 165.011, RSMo, shall be excluded from including a portion of capital projects and debt service levies as part of the operating levy used to determine state aid. Eligible districts may include a total of up to 10 cents of the existing capital projects and debt service levies and up to an additional 8 cents of such levies approved after August 28, 1998. Similar provisions were enacted in both Section 163.015, RSMo, and in the contingent version of Section 163.011 contained in SB 781 from 1998. The bill repeals Section 163.015, RSMo, and revises Section 163.011.

This portion of the act is similar to SB 439.

READING ASSESSMENT AND INTERVENTION - This act provides grant funding to school districts or school buildings for reading assessment and intervention.

School districts with a more than 50% of 3rd graders performing at low levels shall redirect state remedial reading funds to intensive reading programs in grades K-3, unless the redirection would result in a loss of federal funding.

The State Board of Education shall develop recommended reading assessments for grades K through three, based on demonstrated effectiveness of research-based methods. The list shall be a guide for school districts, and school districts are not required to use assessments on the State Board's list.

School districts may adopt a policy which prohibits social promotion and requires remediation prior to promoting grade level. This may include mandatory summer school. Remediation outside regular school hours shall count towards attendance used to determine state aid.

Students scoring at the lowest level on any assessment must retake the assessment the next year, including special education students if retesting is in accordance with the student's Individualized Education Plan (IEP). The school district shall report aggregate progress of all such students.

The State Board shall establish a measure of the effectiveness of the remediation program, which shall focus on students scoring at the lowest level and shall make allowances for students who are new to the district.

This portion of the act is similar to SCS/SB 425.

TEACHER STUDENT LOAD - School districts may require art, music and P.E. teachers to teach no more than 600 students, except that they may obtain a waiver from the State Board to require teaching up to 750 students.

TEACHER SHORTAGES - This act permits districts with at least a 5% teacher shortage to apply to the Department of Elementary and Secondary Education for waivers allowing retired teachers to teach for up to 2 years without loss of retirement benefits. The Department may offer incentives to retired teachers in poor urban and rural districts with teacher shortages.

This portion of the act is similar to HB 564.

The act also establishes the Missouri Critical Teacher Forgivable Loan Program, to provide undergraduate and graduate scholarships for eligible students entering college teaching programs leading to a degree in a critical teacher shortage area.

This portion of the act is identical to SB 388.

CHARTER SCHOOLS - The per pupil amount paid by a school district to a charter school shall be reduced by the amount, determined by the State Board of Education, needed by the district in the current year for repayment of lease hold revenue bonds obligated pursuant to a federal court desegregation action.

MINIMUM TEACHER'S SALARIES - The act increases minimum teacher's salary requirements as follows:

1) The minimum for all teachers is raised from $18,000 to a minimum of $20,000 for 2000-01 and $21,000 thereafter; and

2) For teachers with a Master's degree and ten years experience, the minimum is raised from $24,000 to a salary of $26,000 for 2000-01 and $27,000 thereafter.

SCHOOL BOARD MEMBER TRAINING - The act repeals section 162.203, RSMo, which requires all newly-elected school board member to successfully complete school board orientation and training within one year of the date of election or appointment.

PENALTIES FOR UNLAWFUL FUND TRANSFERS - The act revises the state school aid penalty faced by a district that makes a transfer of operating funds for capital projects purposes in violation of section 165.011, RSMo, such as the penalty faced by the McDonald County R-I School District. Current law requires that the full amount of the unlawful transfer shall be deducted from state aid payments to the district in the school year following the unlawful transfer.

The act provides that the full state aid penalty will be required, except that the penalty will be spread equally over five years if the district satisfies the following criteria:

(1) The district shall provide written notice to the State Board of Education, no later than June 1 of the first school year after the unlawful transfer, stating the district's intention to comply with these requirements and have state aid deducted over a five-year period for that unlawful transfer;

(2) On or before September 1 of the second school year following the year of the unlawful transfer, the district approves an operating levy increase to the greater of $2.75 or the levy which produces an increase in total state and local revenues, as determined by DESE, which is equal to or greater than the amount of state aid to be deducted each school year, except that increases for subsequent illegal transfers shall be made against this latter rate, rather than $2.75;

(3) During each following year in which state aid is deducted, the district shall maintain an operating levy which provides no less total state and local revenues than the levy required in item (2); and

(4) Beginning with the 1999-2000 school year, during each year state aid is deducted, the district maintains teacher salary compliance without any recourse to waivers or base year adjustments and without the option to demonstrate compliance based upon the district's fund balances;

If the district fails to comply with any of these requirements in any year, the full, remaining amount of state aid to be deducted shall be deducted during such school year.

RE-ENROLLMENT OF PUPILS - The act revises section 167.171, RSMo, regarding the readmission of pupils who have committed one of the list of offenses which preclude re-enrollment. Under current law, such pupils may not be re-enrolled. The act provides that such pupils may not re-enrolled in a program of regular instruction, but may be re-enrolled in an alternative education program if the district offers such a program and determines it is appropriate.

ACCEPTANCE OF NON-RESIDENT PUPILS - This act requires certain school districts to allow all pupils not entitled to free instruction to attend school on the same basis upon payment of tuition, including those pupils whose parents are teachers or regular employees of the district. The bill applies to certain districts, currently including only Lee's Summit R-VII.

This portion of the act is the same as SB 187.

COST OF ASSESSMENT TESTS - This act requires the Department of Elementary and Secondary Education to provide the Missouri Assessment Program (MAP) tests to school districts free of charge using funds appropriated for that purpose. OTTO FAJEN.