HB 0889 (Truly Agreed) Revises education laws
Bill Summary
- Prepared by Senate Research -

SS#2/HCS/HB 889 - REMEDIAL READING GRANTS - The act creates a competitive grant program to support improved reading instruction in grades kindergarten through three. The program begins in school year 2000-01. School districts and individual schools may receive grants which may last for up to four years. Grants shall be distributed equally based upon student population in various regions of the state, provided that sufficient eligible applications are made in each region. Grant recipients shall select a reading assessment or improvement program and specify goals for improving student reading. Funding for the third and fourth years of the grant is contingent on student reading improvement. If a significant level of improvement is achieved, the Department of Elementary and Secondary Education may reimburse the district's matching funds. The grants may not exclude vision- or hearing-impaired students if their inclusion is appropriate.

The Department of Elementary and Secondary Education shall establish a list of reading assessments and improvement programs from which districts and schools may select, but use of assessments or programs from the list is not required. The Department shall also develop guidelines to help use information from assessments to improve reading instruction and guidelines for training teachers and administrators in improved reading instruction methods.

Reading improvement instruction provided outside regular school hours can be counted for additional state school aid. Appropriations for remedial reading shall be increased on a full-time equivalent (FTE) reading teacher basis each year based on the amount of increase in the appropriation for entitlements.

The act creates a 3-year pilot tutoring program for state employees who work in the Kansas City and St. Louis City school districts. Employees who meet requirements specified in the act may be granted up to 40 hours per year of leave with pay to participate in language arts tutoring and mentoring programs in elementary schools in those districts. Such leave shall not be granted for tutoring conducted outside of normal work hours nor shall such leave exceed one-half of the hours spent tutoring.

SUMMER SCHOOL PRIOR TO KINDERGARTEN - The act allows any child meeting the age requirements for entering kindergarten (age 5 years by the first of August) to also attend the prior summer school session and be counted for state aid purposes. The Department of Elementary and Secondary Education shall not use the offering of or failure to offer summer school prior to kindergarten as an element of the standards of the Missouri School Improvement Program used for accreditation of school districts.

This portion of the act is similar to SB 236 and HCS/HB 621.

REMEDIATION OF ACADEMIC DEFICIENCIES - School districts may adopt policies which require remedial schooling as a condition for promoting students to the next grade level. The act contains provisions concerning remedial schooling for special education students.

Remedial schooling may occur outside the regular school day, and the additional hours of schooling will be included in the district's average daily attendance for the purpose of determining state aid.

Students who score at the lowest level of proficiency on the statewide assessments may be required by the district to retake the test. Student progress in improving proficiency on the assessments will be reported in the district's annual reporting. Beginning in the 2001-02 school year, student progress toward proficiency will be used in identifying academically deficient schools.

Students more than one year behind in reading proficiency shall not be promoted to the next higher grade level.

This portion of the act is similar to HCS/HB 818.

PENALTIES FOR UNLAWFUL FUND TRANSFERS - The act revises the state school aid penalty faced by a district which 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);

(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; and

(5) 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.

This portion of the act is similar to language contained in HCS/SB 399 and in the perfected SS/SCS/SBs 347, 40, 241 & 301. A provision in TAT SB 394 provides that a school district must increase its levy to at least $2.85 to qualify for this provision.

MISSOURI TEACHERS CORPS - This portion of the act creates the Missouri Teacher Corps for the purpose of recruiting 100 college seniors or graduates without an education degree to commit to teach in selected schools for a 2-year period. The Department of Elementary and Secondary Education in cooperation with state colleges and universities will provide intensive short-term training. Members of the corps will receive financial assistance towards a master's degree in curriculum and instruction for a two-year period, and the degree program will follow a nights-weekends-summer schedule.

This portion of the act is similar to HB 565.

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.

Similar provisions are contained in the perfected SS/SCS/SBs 347, 40, 241 & 301.

A state college or university serving any district in which charter schools are permitted to be established may sponsor one or more charter schools in that district.

SCHOOL-TO-WORK - The 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.

Similar provisions are included in SB 191 and in the perfected version of SS/SCS/SBs 347 et al.

STUDENT PARTICIPATION IN ASSESSMENTS - This act requires school districts to adopt a policy on student participation in state assessments. The policy shall be distributed to parents and students each year, and may establish a system of rewards and punishments to encourage students to do their best on the assessments.

The act also provides that the State Board of Education may not establish any single test or group of tests as a requirement for graduation or a requirement for a state-approved diploma.

This portion of the act is similar to SB 365.

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 school districts will continue to receive state aid based upon inclusion of the recalculated levy for five years, if the district voters approve a levy increase up to or above the recalculated levy or the school board raises the levy by board action prior to January 1, 2000.

A related provision is contained in SB 399.

ATTENDANCE OF NONRESIDENT CHILDREN OF SCHOOL EMPLOYEES - The 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 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 provision is the same as SB 187 and is also contained in the perfected version of SB 472.

TEACHER SHORTAGES - The act 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 and a similar provision is contained in the perfected version of SS/SCS/SBs 347 et al.

VOCATIONAL AND TECHNICAL EDUCATION IN ST. LOUIS CITY AND COUNTY - The act removes the June 30, 2000 sunset on authority for the Special School District of St. Louis County (SSD) to operate vocational and technical education programs for pupils residing in St. Louis County and St. Louis City.

The act codifies Proposition S, adopted in November of 1998, which restructured the governance of SSD by providing that SSD Board of Education members shall be elected by the SSD Governing Council. The Governing Council shall continue to have budget oversight for the special education programs in the SSD.

This portion of the act is also contained in SS/SB 289.

STUDENT REPRESENTATIVES TO GOVERNING BOARDS OF STATE COLLEGES AND UNIVERSITIES - The act allows the student representatives to the governing boards of the University of Missouri and all state colleges and universities established under Chapter 174, RSMo, to attend all meetings of the governing board. Currently, student representatives are to be excluded from any closed meeting, vote or record of the governing board. Such student representatives shall receive the same reimbursement of expenses as is provided to Curators.

Confidentiality requirements of the University of Missouri Board of Curators shall apply to both voting members and nonvoting representatives. Any member or representative may recuse himself from any deliberation or proceeding of the Board. A student representative may be excluded from a closed meeting of the Board upon a unanimous affirmative vote of the voting members present at the meeting.

This portion of the act is contained in HCS/HB's 321 and 493 and SB 238 from 1999.

PILOT PROGRAM IN PHONICS INSTRUCTION - The act requires that a pilot program in phonics instruction be established in each subdistrict in the St. Louis City school district. Also, the act provides that remedial reading grants may be used in any district for phonics instruction consistent with the requirements of the pilot program.

COMMON LANGUAGE - The act provides that English is the common language and that fluency in English is necessary for reading readiness.

SCHOOL BOARD VACANCIES IN ST. LOUIS CITY - The act provides that vacancies in the school board shall be replaced by appointment for the remainder of the unexpired term of the replaced member.

PUPIL COUNT FOR DETERMINING STATE AID - Current law allows school districts to receive state aid based upon an "eligible pupil" count which is the greater of the actual eligible pupil count for the preceding year or an estimate of the current year. The act allows districts the third option of the actual eligible pupil count for the second preceding year.

RE-ENROLLMENT OF PUPILS - Current law does not allow pupils who have committed certain offenses to be re-enrolled in a program of regular instruction. The act allows the pupils to be re-enrolled in an alternative education program if the district offers such a program and determines it is appropriate.

A similar provision is contained in the TAT version of HS/HCS/SCS/SBs 387, 206 & 131.

PLACEMENT OF CHILDREN - Current law prohibits institutions providing a residence for three or more children whose parent of guardian lives outside the district from enrolling the children in the local school district, unless the institution contracts for the services and pays the actual cost, unless the children are assigned or placed by the Department of Mental Health, the Department of Social Services or a court. The act allows such enrollments and requires the district of domicile to provide funding to the district providing educational services as required by law, unless the placement is for the sole purpose of enrollment in that specific district. The act also allows the school district of residence to receive payment from the Department of Elementary and Secondary Education, in lieu of receiving tax proceeds from the school district of domicile, provided that excess educational costs are billed to the Department. However, these alternative payments are only possible if the children are placed in the school by a state agency or by the court.

A similar provision is contained in the TAT version of HS/HCS/SCS/SBs 387, 206 & 131.
OTTO FAJEN

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