SB 902 - This act creates and modifies provisions relating to elementary and secondary education. EMPOWERMENT SCHOLARSHIP ACCOUNTS PROGRAM (Sections 135.714 and 166.700) The act modifies the Empowerment Scholarship Accounts Program by providing that the maximum total grant amount to a scholarship recipient shall be equal to 90% of the previous year's statewide average per-pupil state funding allocated to school districts under current law, rather than the state adequacy target. The act provides that scholarship recipients who are not required to take the statewide assessment tests under current law shall be given the opportunity to choose to take such assessment tests or nationally norm-referenced tests, rather than requiring such students to take such a test. The act repeals provisions requiring a "qualified student", as such term is defined in the act, to live in a charter county or a city with at least 30,000 inhabitants and to either have an individualized education plan or be a member of a household whose total annual income does not exceed 200% of the income standard used to qualify for free and reduced-price lunch. This provision is substantially similar to a provision in SB 1118 (2024) and is similar to HB 1615 (2024), HB 1738 (2024), HB 2620 (2024), and to a provision in SS#2/SCS/SB 727 (2024). PERFORMANCE-BASED SCHOOL DISTRICT ACCOUNTABILITY MEASURES (Sections 160.423, 160.2900, 160.2902, 160.2904, 160.2906, and 161.092) Under this act, the State Board of Education shall establish and implement an accountability system for all public schools and school districts and shall provide an annual accreditation status for each school and school district. Each charter school sponsor shall provide an annual accreditation status for each school it sponsors based on policies that are consistent with accreditation standards used by the State Board of Education. The Department of Elementary and Secondary Education, as well as each charter school sponsor, shall annually, prior to July 1st, determine the annual accreditation status for each school and school district based on verifiable accreditation data from the previous school year. The annual accreditation status of each school and school district shall be based on compliance with best practice standards, as defined in the act. After assignment of the school's or district's status, the Department and each charter school sponsor shall monitor the schools and districts to determine the status of the schools or districts for the following school year. If the Department or a sponsor determines during the course of the monitoring that a school or district may be in violation of a best practice standard, the head of the school as well the school board or governing body of a charter school shall be notified and given an opportunity to correct the violation. Schools and school districts shall be assigned an annual accreditation status based on a determination by the State Board of Education or the charter school sponsor of the school's or district's compliance with any policies or rules establishing accreditation policies and best practice standards. Such status shall include "accredited", "provisionally accredited", or "unaccredited". The State Board of Education shall develop a simplified annual school report card for each school district, public school, and charter school for the purpose of providing information about the school's or district's academic performance. The act repeals the current provision of law regarding report cards for schools. The State Board shall assign the duties of implementing the report to the Department or to a contracted private entity. The State Board shall assign each public school, charter school, and school district a letter grade of "A", "B", "C", "D", or "F". The school's or school district's grade shall be based on evaluation of a number of factors described in the act relating to student scores on the annual statewide assessment, the percentage of students demonstrating growth towards proficiency on assessment of English language arts and mathematics, the percentage of students in high school earning a high school diploma in four years, and measures of college and career readiness. The act further sets forth the student assessment data to be utilized in determining the school's or school district's grade. If a school or school district earns a grade of "D" or "F" for a school year, the Department or the charter sponsor shall provide the school or school district with a list of organizations that can provide specific, evidence-based turnaround services. The school or school district shall implement a plan for improvement that is approved by the Department or charter sponsor. If a school or school district earns a "D" or "F" for three consecutive years, then students shall have the option of transferring to a nonresident school or district. For schools or school districts that earn a "D" or "F" for four consecutive years, the Department or charter sponsor shall choose a managing partner to lead the reorganization of the school or school district. Finally, if a school or school district earns a "D" or "F" for five consecutive years, the Department or charter sponsor shall consider school closures. The Department shall prepare annual reports of the results of the accountability measures contained in this act. These provisions are identical to SB 341 (2023) and HB 558 (2023). SCHOOL SAFETY ASSESSMENTS (Section 160.3250) The act requires every public school district and public charter school to develop and maintain a comprehensive school safety plan that addresses various aspects of school safety, including, but not limited to, emergency response procedures, crisis management, prevention of safety risks, and communication protocols. A school safety plan shall be developed in collaboration with local law enforcement, fire department, and emergency management officials. To assist in the development of a school safety plan, a school district or charter school shall conduct a comprehensive school safety assessment every three years to assess the safety, security, accessibility, and emergency preparedness of school buildings and grounds. The school safety assessment shall be conducted in collaboration with local law enforcement, fire department, and emergency management officials. A comprehensive school safety assessment shall be conducted by more than one individual, including at least one individual who is not assigned to the facility being assessed, if the assessment is conducted by school district or charter school personnel. The act outlines certain information that shall be assessed as part of a school safety assessment, including emergency response procedures, crisis management, risk prevention, and communication protocols. The initial comprehensive school safety assessment for each school district and charter school shall be completed by July 1, 2026. DECLARATIONS OF INTENT TO HOME SCHOOL (Section 167.042) The act repeals a provision authorizing parents to submit a written declaration of intent to home school their child to the recorder of deeds of the county where the child legally resides or to the superintendent of the public school district where the child legally resides. This provision is identical to provisions in SCS/SB 819 (2024) and in SS/SCS/SBs 411 & 230 (2023). SCHOOL ATTENDANCE OFFICERS (Section 167.071) The act repeals a provision authorizing a seven-director school district to appoint a school attendance officer who has the powers of a deputy sheriff and may investigate claims of violations of the compulsory attendance law and arrest truant juveniles without a warrant. This provision is identical to provisions in SS#2/SCS/SB 727 (2024), in SCS/SB 819 (2024), in HB 1905 (2024), and in HCS/SS/SCS/SBs 411 & 230 (2023). FLEX SCHOOLS (Sections 161.670, 162.996, 162.1250, 166.700, 167.031, 167.061, 167.071, 167.600, 167.619, 167.790, 210.167, 211.031, 210.211, and 452.375) The act defines a "Family-Led Educational eXperience (FLEX) school" or "FLEX school" as a school that meets certain criteria that also apply to home schools, except that a FLEX school may enroll students who participate in the Missouri Empowerment Scholarship Accounts Program or activities offered by a public school district. The definition of "home school" is modified to exclude students who participate in such Program or activities. The act modifies certain provisions of law to include FLEX schools in provisions that also apply to home schools. The act also modifies the definition of "qualified schools" in provisions relating to the Empowerment Scholarship Accounts Program to include FLEX schools instead of home schools. However, any state laws or regulations that apply to the Empowerment Scholarship Accounts Program shall not apply to FLEX school students who do not participate in such program. The act specifies that no state agency shall have regulatory oversight or rulemaking authority over FLEX schools unless such oversight or authority is specifically delegated under state law. Public schools, state agencies, state employees, and certain private entities shall not refer to FLEX schools or to publicly funded programs, including but not limited to virtual school programs, as "home schooling". Additionally, public schools, state agencies and employees, and certain private entities shall not refer to students who are enrolled in an attendance center of a public school district, students who are enrolled in full-time virtual school programs, students who receive education funding from the state of Missouri, or students who participate in the Missouri Empowerment Scholarship Accounts Program as "home schooled" students. These provisions are identical to provisions in SB 819 (2024), HB 1905 (2024), and in SS/SCS/SBs 411 & 230 (2023). PARENTS' BILL OF RIGHTS (Sections 161.851 and 161.853) This act establishes "The Parents' Bill of Rights for Student Well-Being", which lists rights for parents relating to education, health care, and mental health. The act prohibits public schools and school districts from infringing on the rights of a parent to direct the upbringing, education, health care, or mental health of such parent's minor child without first demonstrating that the infringement is narrowly tailored to achieve a compelling state interest and such interest cannot be otherwise served by a less restrictive means. The act lists a number of specific related rights. The act requires school districts to adopt a policy to promote parental involvement, including procedures to object to instructional materials and to withdraw a student from health education courses relating to human sexuality and sexually transmitted diseases. The Department of Elementary and Secondary Education shall develop forms for school districts to use that allow a parent to object to, and opt out of, instructional materials. School districts may provide any information that a parent is entitled to access by publishing such information electronically in a reasonably accessible format. Further, the act establishes a formal request process with specific time periods for a superintendent to comply with such request, as well as an appeal process to the school board if a request is denied. Nondisclosure agreements shall not be required in order for a parent to review curricula, and parents may make copies of curriculum documents. Each school board meeting pertaining to curricula shall be open to the public and allow for public comment. Public schools and school districts are required to notify parents in a timely manner of all reported incidents pertaining to student safety as outlined in the act. No employee of a public school or school district shall coerce or encourage a minor child to withhold information from the child's parent, with exceptions for suspected abuse or neglect. A public school or school district shall not, when publishing or providing any information to a parent as required pursuant to the provisions of the act, publish or provide any personally identifiable information relating to any student other than a parent's own child in violation of the provisions of the federal Family Educational Rights and Privacy Act. This provision is similar to provisions in SB 158 (2023), in SB 810 (2022), and in HCS/HBs 1995 and 1474 (2022). The Attorney General or any parent of a minor child enrolled in a public school may bring legal action against the school district in which the child is enrolled for violations of these provisions. If a school district or an employee is found liable, then such district or employee shall be fined $1,000 for each violation. The penalty for a knowing or purposeful violation shall be $10,000 for each violation. The proceeds of the fine shall be divided so that 20% will be awarded to the parent who brought the action and 80% will be awarded to the Missouri Empowerment Scholarship Accounts Fund. School district employees who disclose violations of the act shall be protected from any retaliation. This provision is identical to a provision in SB 158 (2023). CURRICULUM AND PROFESSIONAL DEVELOPMENT MATERIALS (Sections 161.852 and 161.853) The act requires the Department of Elementary and Secondary Education to develop a tool, as described in the act, within the Department's comprehensive data system to give access to every school district's curriculum and professional development materials. The Department shall establish forms for school districts to complete. School districts are required to submit updates to any required information every six months and the Department shall update the tool monthly. This provision is identical to a provision in SB 158 (2023) and in HB 482 (2023), and is similar to provisions in SS#2/SCS/SBs 4, 42 & 89, in SB 42 (2023), in SB 89 (2023), and in SB 645 (2022). The Attorney General or any parent of a minor child enrolled in a public school may bring legal action against the school district in which the child is enrolled for violations of this provision. If a school district or an employee is found liable, then such district or employee shall be fined $1,000 for each violation. The penalty for a knowing or purposeful violation shall be $10,000 for each violation. The proceeds of the fine shall be divided so that 20% will be awarded to the parent who brought the action and 80% will be awarded to the Missouri Empowerment Scholarship Accounts Fund. School district employees who disclose violations of the act shall be protected from any retaliation. This provision is identical to a provision in SB 158 (2023). STUDENT ATTENDANCE PLANS (Section 167.031) Current law provides that the parent of a student who fails to attend school on a regular basis is guilty of a Class C misdemeanor. This act specifies that for students enrolled in a public school district or public charter school, "on a regular basis" shall mean in compliance with the student attendance policy for the district or charter school, as provided in the act. The act requires every public school district and public charter school to establish a student attendance policy that defines the terms "excused absence" and "unexcused absence" and provides a system of accountability for unexcused absences. Such policy shall contain certain provisions intended to reduce unexcused absences, including mandatory meetings between the student's parent and the school principal, the school counselor, and the superintendent of the school district or the chief governing officer of the charter school. After certain conditions specified in the act are met, if a student continues to accrue additional unexcused absences, the student's parent or legal guardian shall be deemed to be guilty of a Class C misdemeanor. DECLARATIONS OF INTENT TO HOME SCHOOL (Section 167.042) The act repeals a provision authorizing parents to submit a written declaration of intent to home school their child to the recorder of deeds of the county where the child legally resides or to the superintendent of the public school district where the child legally resides. This provision is identical to provisions in SCS/SB 819 (2024) and in SS/SCS/SBs 411 & 230 (2023). SCHOOL ATTENDANCE OFFICERS (Section 167.071) The act repeals a provision authorizing a seven-director school district to appoint a school attendance officer who has the powers of a deputy sheriff and may investigate claims of violations of the compulsory attendance law and arrest truant juveniles without a warrant. This provision is identical to provisions in SS#2/SCS/SB 727 (2024), in SCS/SB 819 (2024), in HB 1905 (2024), and in HCS/SS/SCS/SBs 411 & 230 (2023). PARTICIPATION IN PUBLIC SCHOOL ACTIVITIES (Section 167.790) The act provides that a school district shall not be a member of, or remit any funds to, a statewide activities association that prohibits a student receiving instruction at a FLEX school or a full-time virtual school from participating in any event or activity offered by the school district in which the student resides or that requires such students to take any class at a public school in order to participate in such event or activity. The act further provides that a school district shall not prohibit such a student receiving instruction at a FLEX school or a full-time virtual school from participating in any event or activity offered by the school district in which such student resides or require such student to take any class in order to participate in such event or activity. A school district may establish an attendance policy for any rehearsals, practice sessions, or training sessions that are directly related to and required for participation in an event or activity. A school district may also require students to participate in components of instruction that are required for participation in fine arts activities, career and technical student organizations, or integrated cocurricular activities. A statewide activities association shall not prohibit any member school district from participating in any event with a school that is not a member of the association. Any school disciplinary policies and attendance policies shall be applied in the same manner to all students who participate in an event or activity. A school district shall not establish a separate disciplinary or attendance policy for students who receive instruction at a FLEX school or a full-time virtual school. If a student whose academic performance or disciplinary status would preclude such student from eligibility to participate in extracurricular events or activities in the resident school district disenrolls from such school district in order to receive instruction at a FLEX school or a full-time virtual school, such student shall not be eligible to participate in public school events or activities in the district of such student's disenrollment for twelve calendar months from the date of disenrollment. The parent of a FLEX school student shall oversee any academic standards relating to such student's participation in a public school event or activity. Any records created pertaining to a FLEX school student or a full-time virtual school student shall be made confidential. The act outlines certain criteria that FLEX school and virtual school students shall satisfy in order to be eligible to participate in public school activities in their district of residence. Such students shall provide proof of residency in the district in which they wish to participate in public school activities. They shall also adhere to the same behavior, responsibility, performance, and code conduct standards as do students who are enrolled in the district. This provision is similar to a provision in SCS/SB 819 (2024), a provision in HB 1905 (2024), a provision in HCS/SS/SCS/SBs 411 & 230 (2023), HB 241 (2023), SB 835 (2022), HCS/HB 2369 (2022), HCS/HB 494 (2021), SCS/SB 875 (2020), a provision in SCS/HC/HB 1540 (2020), a provision in HCS/SS/SCS/SB 528 (2020), HCS/HB 2273 (2020), SB 130 (2019), SB 726 (2018), and SB 500 (2017). DISCUSSION OF CERTAIN CONCEPTS AND BELIEFS IN PUBLIC SCHOOLS (Section 170.355) No public school, school district, or employee thereof shall compel a teacher or student to discuss public policy issues without consent. No public school, school district, or employee thereof shall compel a teacher or student to adopt, affirm, adhere to, or profess ideas in violation of federal civil rights laws, including the idea that individuals of any race, ethnicity, color, or national origin are inherently superior or inferior and that individuals, by virtue of their race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by other members of the same race, ethnicity, color, or national origin. In addition to remedies brought under federal law, any school or school employee found to be in violation of this provision may have a private cause of action brought against them. This provision is identical to a provision in SB 158 (2023) and is similar to SB 1181 (2024), to provisions in HB 2160 (2024), in HCS/SS#2/SCS/SBs 4, 42 & 89 (2023), in HCS/HB 482 (2023), in HCS/SS#2/SB 761 (2022), in HCS/HB 1858 (2022), and in HCS/HBs 1995 & 1474 (2022), and to HCS/HB 2428 (2022). OLIVIA SHANNON