SB 764 - This act modifies several provisions relating to elementary and secondary education. GRADUATION RATE DEFINITION This act changes the definition of "graduation rate" to be the graduation rate determined by the annual performance report required by the Missouri School Improvement Program. (Section 160.011) This provision is identical to a provision contained in SB 633 (2016), SB 571 (2016), CCS/SCS/HCS/HB 42 (2015), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). CHARTER SCHOOLS SECTION 160.400: This act modifies where charter schools may operate. This act repeals the current restrictions on when charter schools may operate in provisionally accredited districts. Instead, charter schools may operate in any provisionally accredited district at any time. Additionally, this act allows charter schools to operate in any district located within Jackson and St. Louis counties. This act repeals the requirement that a two-year private vocational or technical school be a member of the North Central Association to be a charter school sponsor. This act requires that the contract between a sponsor and a charter school contain performance consequences aligned with annual performance report evaluations of public schools. A sponsor's policies and procedures must require charter schools to meet current state academic performance standards as well as other standards agreed upon by the sponsor and the charter school in the performance contract. When a sponsor notifies a charter school of closure, the Department of Elementary and Secondary Education must withhold funds to assure all obligations of the charter school are met. The state, charter school's sponsor, or resident district are not liable for any outstanding liability or obligations of the charter school. This provision is identical to a provision contained in CCS/SCS/HCS/HB 42 (2015), and is similar to a provision contained in SB 633 (2016), SCS/HCS/HB 1451 (2016), CCS/SCS/SB 638 (2016), SCS/SBs 1, 22, 49 & 70 (2015), HCS/HB 550 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SECTION 160.403: This act exempts the Missouri Charter Public School Commission from the Department of Elementary and Secondary Education's application and approval process for entities eligible to be sponsors. This provision is identical to a provision contained in CCS/SCS/HCS/HB 42 (2015) and is substantially similar to a provision contained in SCS/HCS/HB 1451 (2016), HCS/HB 550 (2015), and SCS/SBs 1, 22, 49 & 70 (2015). SECTION 160.405: This act changes the deadline for the State Board of Education to approve a charter from December 1 to January 31 prior to the school year of the proposed opening date of the charter school. If the Board denies the charter application, such denial shall be in writing, identify the specific failures of the application to meet statutory requirements, and be provided to the sponsor within ten business days. Currently, a sponsor may place a charter school on probationary status for no more than twelve months. This act increases the amount of time a charter school may be on probationary status to twenty-four months. A charter school that has an annual performance report consistent with a classification of accredited for three of the last four years and is fiscally viable may have an expedited renewal process as defined by rule. The Department of Elementary and Secondary Education must calculate an annual performance report for each charter school and must publish it in the same manner as they are calculated and published for districts and attendance centers. The Department of Elementary and Secondary Education must create a committee to investigate facility access and affordability for charter schools. This committee must report its findings to the General Assembly by December 31, 2016. This provision is substantially similar to a provision contained in SB 633 (2016), SCS/HCS/HB 1451 (2016), CCS/SCS/SB 638 (2016), CCS/SCS/HCS/HB 42 (2015), SCS/SBs 1, 22, 49 & 70 (2015), HCS/HB 550 (2015), and is similar to a provision contained in CCS/HCS/SCS/SBs 493 et al. (2014). SECTION 160.408: This act allows high-quality charter schools, as defined in the act, to be provided expedited opportunities to replicate and expand into unaccredited and provisionally accredited districts, the St. Louis City School District, the Kansas City School District, and districts located in St. Louis and Jackson counties. A high-quality charter school must receive eighty percent or more on its annual performance report in three of the previous four school years, maintain a graduation rate of at least eighty percent for three of the last four school years, be in material compliance with its performance contract and the charter school laws, and be organizationally and fiscally viable. The term of such a charter will be five years and may be renewed for terms up to ten years. This provision is identical to a provision contained in CCS/SCS/HCS/HB 42 (2015) and is similar to a provision contained in SB 764 (2016), SCS/HCS/HB 1451 (2016), CCS/SCS/SB 638 (2016), SCS/SBs 1, 22, 49 & 70 (2015), HCS/HB 550 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SECTION 160.410: This act requires charter schools to enroll nonresident pupils whose parents are employed at the charter school unless such enrollment will cause a resident student to be denied enrollment, as well as nonresident pupils from unaccredited schools in the same or an adjoining county who are unable to transfer to an accredited school in their district of residence. If capacity is insufficient to enroll all pupils who submit a timely application, a charter school may give a preference to students who are residents of the district in which the charter school operates, and must not discriminate based on the parents' ability to pay fees or tuition. This act changes how students are counted in the performance of the charter school on the statewide assessments from those who are present for the January membership count to those who have been enrolled for a full academic year, as defined in the act. This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is similar to a provision contained in SCS/HCS/HB 1451 (2016), CCS/SCS/SB 638 (2016), SCS/SBs 1, 22, 49 & 70 (2015), and HCS/HB 550 (2015). SECTION 160.415: For purposes of calculating state aid, a charter school's weighted average daily attendance must be adjusted to include any nonresident pupil who attends the charter school and whose parent is employed at it. A charter school may receive tuition payments for nonresident students who transfer to it from an unaccredited school. This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), is substantially similar to a provision contained in SCS/SBs 1, 22, 49 & 70 (2015), and is similar to a provision contained in SCS/HCS/HB 1451 (2016), CCS/SCS/SB 638 (2016), and HCS/HB 550 (2015). SECTION 160.425: This act allows the Missouri Charter Public School Commission to employ staff as needed to carry out its duties. Commission employees will be considered state employees for purposes of retirement and health plans. This act creates the "Missouri Charter Public School Commission Revolving Fund" in the state treasury. This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is substantially similar to a provision contained in SCS/SBs 1, 22, 49 & 70 (2015). SCHOOL DISTRICT ACCREDITATION SECTION 161.084: Before the State Board of Education classifies a school district as unaccredited or reclassifies an accredited district as provisionally accredited, if there is no State Board member who is a resident of the congressional district in which the affected district is located, the State Board must notify the Governor of its intent to change the classification. The Governor must make the appointment within thirty days of the notification. This provision is identical to a provision contained in SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SECTION 161.087: When the State Board of Education assigns classification designations to school districts, it must use one of the following designations: unaccredited, provisionally accredited, accredited, and accredited with distinction. The State Board of Education must develop and implement a process to provide assistance teams to borderline districts, as determined by the Department of Elementary and Secondary Education, and to underperforming districts upon assignment of such classification or determination by the Department. Teams must have at least ten members, including two active classroom teachers in the district, two principals, and one parent of a student in the district. The Department staff member assigned to the region may be included in the team activities but must not be formally assigned to the team. Teams must provide an analysis of the assessment data, classroom practices, and the communication processes within buildings, in the district, and the community, and also provide prescriptions for improvement based on the district's and community's needs. The team must provide recommendations by June 30, 2016. Assignment of teams must be prioritized so that districts with lower APR scores are addressed first. Suggestions are mandatory for underperforming districts but not for borderline districts. If an underperforming district disagrees with any suggestion of the assistance team, the district must propose a different method of accomplishing what the team has suggested. This provision is identical to a provision contained in SB 571 (2016) and SB 633 (2016), and is substantially similar to a provision contained in CCS/SCS/HCS/HB 42 (2015), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SECTION 161.238: The State Board of Education must adopt a policy to classify individual attendance centers except for attendance centers that do not offer classes above the second grade level. The policy must require that an attendance center's classification be based solely on a three-year average of the attendance center's annual performance report scores using the three most recent years and the state board must assign a classification consistent with the three year average score. The state board must implement the policy and: (1) Within 45 days of the effective date of these provisions, for each district that is classified as unaccredited by the state board at that time, classify each of the unaccredited district's attendance centers separately from the district as a whole using the classification designations provided in Section 161.087; (2) Within 90 days of the effective date of these provisions, for each district that is classified as provisionally accredited by the state board at that time, classify each of the provisionally accredited district's attendance centers separately from the district as a whole; and (3) By January 1, 2017, for each urban school district, St. Louis City School District, Kansas City School District, and school districts with most or all of their land in St. Louis County, classify each of the district's attendance centers separately from the district as a whole. These classifications must become effective immediately and remain in effect until the state board develops, adopts, and implements the specified classification system. By January 1, 2017, the state board must, through administrative rule, develop a system of classification that accredits attendance centers, except for those that do not offer classes above the second grade level, within a district separately from the district as a whole. Attendance centers must be assigned one of the following classification designations: unaccredited, provisionally accredited, accredited, or accredited with distinction. The state board may assign classification numbers outside the range of numbers assigned to high schools, middle schools, junior high schools, or elementary schools as classification designations for attendance centers that are exempt from the accreditation classification system. Public separate special education schools within a special school district and within a school district are exempt from these accreditation requirements. However, a special school district must continue to report all scores on its annual performance report to the department for all of its schools. A juvenile detention center within a special school district is exempted from these accreditation standards. Upon adoption of the classification system described in these provisions, the state board may change any classification it has assigned to an attendance center. An attendance center that does not offer classes above the second grade level must be exempt from any requirements related to statewide assessments. These provisions must be effective 30 days after publication in the Code of State Regulations and must not be subject to the statutory two-year delayed effective date. This provision is substantially similar to a provision contained in SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), and SCS/SBs 1, 22, 49 & 70 (2015), and is similar to a provision contained in SB 571 (2016), SB 930 (2016), HB 572 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SCHOOL TRANSFER AND IMPROVEMENT TASK FORCE This act creates the "School Transfer and Improvement Task Force" within the Department of Elementary and Secondary Education, with membership as described in the act. The task force will study the following: means to address failing schools, including a school improvement district; developing options for school transfer finance formulas; best practices for how to design and finance public virtual and blended schools; and best practices and possible pilot projects to assist transient students. The task force must make recommendations by February 1, 2017 to the General Assembly. The task force will expire on April 30, 2017. (Section 161.1000) This provision is substantially similar to a provision contained in CCS/SCS/HCS/HB 42 (2015) and SCS/SBs 1, 22, 49 & 70 (2015). DYSLEXIA SPECIALIST By July 1, 2017, the Department of Elementary and Secondary Education shall employ a dyslexia therapist, licensed psychometrist, licensed speech-language pathologist, certified academic language therapist, or certified training specialist to serve as the Department's dyslexia specialist. The duties and qualifications of the dyslexia specialist are set forth in the act. The dyslexia specialist shall also assist the Department with developing and administering professional development programs to be made available to school districts no later than the 2017-18 school year. (Section 161.1005) This provision is identical to a provision contained in SB 633 (2016), HCS/HB 1928 (2016), and HCS/SB 827 (2016), and is substantially similar to a provision contained in CCS/SCS/HCS/HB 42 (2015), HCS/HB 921 (2015), and SB 548 (2015). STATE BOARD OF EDUCATION INTERVENTION POWERS This act allows the State Board of Education to lapse the corporate organization of all or part of an unaccredited school district. If the State Board appoints a special administrative board for the operation of a part of an unaccredited school district, the State Board of Education must determine an equitable apportionment of state and federal aid for the part of the district. In addition, the school district must provide local revenue in proportion to the weighted average daily attendance of the part governed by the special administrative board. The State Board of Education may appoint members of the elected board to a special administrative board but members of the elected board must not comprise more than forty-nine percent of the special administrative board's composition. Nothing in this provision of law shall be construed to permit either the State Board of Education or a special administrative board to raise, in any way not specifically allowed by law, the tax levy of the district or any part of the district without a vote of the people. This act provides that when the State Board of Education determines another form of governance for an unaccredited district, that other form of governance will be subject to the following provisions of law: it will retain the authority granted to a board of education; it will expire at the end of the third year of its appointment unless reauthorized; it will not be deemed to be the state or a state agency; and it will not be considered a successor entity for purposes of employment contracts, unemployment compensation or any other purpose. If the State Board of Education reasonably believes that a school district is unlikely to provide for the required minimum school term because of financial difficulty, the State Board may, prior to the start of the school term, allow continued governance by the existing district school board under terms and conditions established by the state board of education. As an alternative, the State Board may lapse the corporate organization of the district and implement one of the options available to the State Board to intervene in an unaccredited district. However, this provision will not apply to any district solely on the basis of financial difficulty resulting from paying tuition and providing transportation for transfer students. (Section 162.081) This provision is identical to a provision contained in SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), and is substantially similar to a provision contained in SB 571 (2016), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). VIRTUAL EDUCATION Currently, when a resident student completes a virtual course offered by his or her school district, the student's attendance upon course completion is calculated as ninety-four percent of the hours of attendance for such class delivered in a non-virtual program. This act provides that when a student is a candidate for A+ tuition reimbursements, the school must attribute no less than ninety-five percent of attendance to the student's completion of the virtual course. This act allows a parent or guardian to enroll his or her child in a virtual school of his or her choice if the child is enrolled in and has attended, for at least one semester immediately prior to enrolling, any of the following: 1) An unaccredited school in any district in the state; 2) An attendance center in an unaccredited district; 3) An attendance center in a provisionally accredited district; 4) An attendance center in a district located within Jackson County 5) An attendance center in a district located within St. Louis County; or 6) An attendance center in St. Louis City. Courses in virtual schools shall be aligned with the Show-Me Curriculum Standards and comply with state requirements for teacher certification. These courses shall be considered like any other courses offered by a school district or charter school. The student's district of residence shall pay tuition for any student that enrolls in a virtual school under this section. The tuition amount shall not exceed the state adequacy target. If an unaccredited school becomes provisionally accredited, or if an unaccredited or provisionally accredited district becomes accredited without provisions by the state board of education, any student in that school or district who has enrolled in a virtual school under this section shall be permitted to continue his or her educational program in the virtual school through the completion of high school. Unaccredited schools, unaccredited districts, and provisionally accredited districts shall notify students and parents/guardians of the virtual school options described in this section, and the decision to enroll in a virtual school shall be solely at the discretion of the student and his or her parent/guardian. (Section 162.1250) This provision is identical to a provision contained in CCS/SCS/HCS/HB 42 (2015) and is similar to a provision contained in SB 571 (2016) and SCS/SBs 1, 22, 49 & 70 (2015). TRANSIENT STUDENT RATIO & STUDENT SCORES This act requires the Department of Elementary and Secondary Education to annually calculate a transient student ratio, as defined in the act, for each public school attendance center, each school district and each charter school. The transient student ratio must be published on the Department's website and in the school accountability report card for each district and attendance center. The Department must also publish on its website an aggregate transient student ratio for the state. Each school district must report annually to the Department any information and data necessary for the Department to calculate transient student ratios. (Section 162.1303) This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is substantially similar to a provision contained in SCS/SBs 1, 22, 49 & 70 (2015), HB 572 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). In a transient student's first year of attendance in a district, district-operated attendance center or charter school, the student's score on the statewide assessment shall not be included when calculating the status or progress scores on the district's, district-operated attendance center's or charter school's annual performance report scores. In the second year of attendance, the transient student's score shall be weighted at thirty percent. In the third year of attendance, the transient student's score shall be weighted at seventy percent. In the fourth and all subsequent years of attendance, the transient student's score shall be weighted at one hundred percent. The transient student's growth score shall be weighted at one hundred percent for all years of attendance. (Section 162.1305) This provision is substantially similar to a provision contained in SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014), and is similar to a provision contained in SB 571 (2016) and SCS/SBs 1, 22, 49 & 70 (2015). NOTIFICATION OF UNACCREDITED STATUS & HOME VISITS SECTION 162.1310: When a district or attendance center becomes unaccredited, the district must promptly notify the district taxpayers and the parent or guardian of students enrolled in the district of the loss of accreditation within seven business days. The notice must also include an explanation of the option for a student in an unaccredited school to transfer and any services for which the student may be eligible. This notice must be posted in district attendance centers and must be sent to district taxpayers and each political subdivision located in the boundaries of the school district. This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is substantially similar to a provision contained in SB 571 (2016), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SECTION 162.1313: The school board of any district that operates an underperforming school must adopt a policy regarding the availability of home visits by school personnel. The school board's policy may offer to the parent or guardian of a student enrolled in any such school the opportunity to have at least one annual home visit and must offer an opportunity for a meeting at the school or a mutually agreeable site. This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is substantially similar to a provision contained in SB 571 (2016), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SCHOOL FUNDING SECTION 163.011: This act modifies the definition of "current operating expenditures" so that, when used to recalculate the state adequacy target as provided in this section, any increase in state funding attributable to an individual district shall be limited to two hundred percent of the aggregate percentage increase in state funding for all of the performance districts used in the same recalculation. This provision is identical to a provision contained in SB 571 (2016), CCS/SCS/HCS/HB 42 (2015), and SB 6 (2015). SECTION 163.018: This act specifies that charter schools become eligible to receive state funding for early childhood at the same time as the district in which they are located becomes eligible. (Section 163.018) This provision is identical to a provision contained in SCS/SBs 586 & 651 (2016) and CCS/SCS/HCS/HB 42 (2015), and is substantially similar to a provision contained in SCS/HCS/HB 1451 (2016), HB 1667 (2016), HCS/HB 1943 (2016), and SB 6 (2015). SECTION 163.031: This act delays until July 1, 2016, the implementation of the provision that requires the department to adjust the state adequacy target to accommodate available appropriations if the appropriations are not sufficient to fully fund all school districts and the implementation of the provision prohibiting the reduction of payments to hold-harmless districts. This provision is substantially similar to a provision contained in CCS/SCS/HCS/HB 42 (2015). WEIGHTED AVERAGE DAILY ATTENDANCE FOR CHARTER SCHOOLS For any district in which the local school board sponsors a charter school, this act requires such district to use only an estimate or the district's weighted average daily attendance for the current year, and shall not use an estimate from any preceding year for the purposes of calculating state aid. (Section 163.036) This provision is identical to a provision contained in SB 571 (2016), SCS/HCS/HB 1451 (2016), CCS/SCS/HCS/HB 42 (2015), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). MISSOURI VIRTUAL SCHOOL ELIGIBILITY This act modifies who is eligible to enroll in the Missouri Virtual School. A parent or guardian may enroll his or her child in the Missouri Virtual School if they reside in a lapsed public school district, or reside in an unaccredited or provisionally accredited public school district. (Section 167.121) This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is substantially similar to a provision contained in SCS/SBs 1, 22, 49 & 70 (2015). DATA AND SCORES FROM NEGLECTED AND DELINQUENT CHILDREN This act restricts the Department of Elementary and Secondary Education from creating a report or publication related to the Missouri School Improvement Program that includes the data of any children in facilities serving neglected children or delinquent children in a district's aggregate scores unless the Department creates an annotation to such report or publication with an explanation of the effects of the data from the children enrolled in such facilities on the aggregate data of the district. (Section 167.127) This provision is identical to a provision contained in CCS/SCS/HCS/HB 42 (2015) and SCS/SBs 1, 22, 49 & 70 (2015), and is substantially similar to SB 727 (2016), SB 566 (2014), SB 427 (2013), SB 737 (2012), and to a provision contained in SB 633 (2016). TUITION FOR TRANSFER STUDENTS SECTION 167.131: Any district that does not maintain a high school offering work through the twelfth grade shall pay the tuition as calculated by the receiving district and provide transportation for each resident pupil who has completed the work of the highest grade offered in the schools of the sending district and who attends an accredited public high school in another district of the same or adjoining county. This provision is identical to a provision contained in SB 571 (2016), SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SECTION 167.132: This act allows a receiving district or a receiving approved charter school to negotiate with a sending district to accept a reduced tuition rate for transfer students. The receiving district or charter school may limit the number of students accepted at the reduced tuition rate. If the receiving district or charter school does not limit the number of students it accepts under the reduced tuition rate, that district or charter school shall receive those students through the education authority based solely on the parent request and available seats. Beginning in the 2016-17 school year, the reduced tuition rate shall be calculated as set forth in the act. This rate shall be calculated annually by the appropriate education authority coordinating the transfers. If there is disagreement about the amount of tuition to be paid, the decision of the state board of education shall be final. For the first two full school years that a receiving district or charter school charges a reduced tuition rate, accepts a minimum of 25 transfer students under the reduced rate, and does not limit the number of transfer students accepted under the reduced rate, the receiving district or charter school shall earn additional credit in academic achievement on its annual performance report if the aggregate scores of student growth of all the transfer students meet or exceed targets established in the state accountability system. If a receiving district or charter school accepts the reduced tuition rate and does not limit the number of transfer students it takes under that rate, the Department of Elementary and Secondary Education shall consider such action as an additional criterion when determining whether to assign a classification of accredited without distinction. If a receiving district or charter school accepts the reduced tuition rate and does not limit the number of transfer students it takes under that rate, ten percent of the average per-pupil current expenditures used to calculate the reduced tuition rate shall be paid from the "Supplemental Tuition Fund" created by this act. (Section 167.132) This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is similar to a provision contained in SB 571 (2016). STUDENT PROMOTION All underperforming districts in St. Louis County, as described in the act, are prohibited from promoting any student from the fifth grade to the sixth grade or from the eighth grade to the ninth grade who has not scored at the proficient level or above on the statewide assessments in the areas of English language arts and mathematics. However, this provision does not apply to any student with an individualized education program or any student with a Section 504 Plan. (Section 167.642) This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is substantially similar to a provision contained in SCS/SBs 1, 22, 49 & 70 (2015) and CCS/HCS/SCS/SBs 493 et al. (2014). SCHOOL DISTRICT IMPROVEMENT MEASURES Any unaccredited district must offer free tutoring and supplemental education services to underperforming and struggling students. Districts may use funds from the newly created School District Improvement Fund to the extent funds are available. An unaccredited district may satisfy the free tutoring services requirement by entering into a contract with a public library for online tutoring services. In addition, an underperforming district may do any of the following: implement a new curriculum, as described in the act; retain an outside expert to advise the district or school on regaining accreditation; enter into a contract with an education management organization with a proven record of success to operate a school or schools within the district; enter into a collaborative relationship with an accredited district in which teachers from both districts exchange positions for two school weeks; or implement any other change suggested by the State Board of Education, expert, contractor, or assistance team. (Section 167.685) Any underperforming district may offer an attendance recovery program designed exclusively to allow students to recapture attendance hours lost due to absences. Attendance recovery hours may be included in the district's weighted average daily attendance and also in the calculation of a district's attendance rate for purposes of the Missouri school improvement program accreditation scoring. (Section 167.688) These provisions are identical to provisions contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and are substantially similar to provisions contained in SCS/SBs 1, 22, 49 & 70 (2015) and CCS/HCS/SCS/SBs 493 et al. (2014). READING ASSESSMENT AND PERSONALIZED LEARNING PLANS This act requires, beginning July 1, 2017, all public schools in the St. Louis City School District and Kansas City School District, including charter schools, to use a response-to-intervention tiered approach to reading instruction for students determined by their school to be struggling readers. At a minimum, the reading levels of students in kindergarten through tenth grade must be assessed at the beginning and middle of the school year. Students who score below district benchmarks must be provided with intensive, systemic reading instruction. Beginning on January 1, 2017, and each January thereafter, each public school in the St. Louis City School District and Kansas City School District, including charter schools, must prepare a personalized learning plan for any kindergarten or first grade student whose most recent school-wide reading assessment result shows the student is below grade level. Certain exceptions exist from this requirement for students with an IEP or a Section 504 Plan. For any student with a personalized learning plan, the student's main teacher must consult with the student's parent or guardian about the plan and must have consent to implement it. If a student is still performing below grade level through the end of the first grade year, the school must refer him or her for assessment to determine if an IEP is necessary. If an IEP is not necessary, the personalized learning plan must remain in place until the student is at grade level. Any student who is not reading at the second grade level in the St. Louis City School District and the Kansas City School District by the end of second grade may be promoted to third grade only if: the school provides additional reading instruction during the summer and demonstrates the student is ready for third grade at the end of summer school; if the school provides a "looping" classroom in which the student remains with the same teacher for multiple years and the student is not reading at the third grade level by the end of third grade, the student must be retained; or the student's parents or guardians may sign a notice that they prefer to have the student promoted except that the school will have final determination to retain. The St. Louis City School District, the Kansas City School District, and each charter school located in them must provide in the annual school accountability report card the numbers and percentages by grade of any students at grade level who have been promoted but who have been determined as reading below grade level. School districts and charter schools subject to this requirement may provide for a student promotion and retention program and a reading instruction program that are equivalent to those which are described in this section with the oversight and approval of the Department of Elementary and Secondary Education. (Section 167.730) This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is substantially similar to a provision contained in SCS/SBs 1, 22, 49 & 70 (2015) and CCS/HCS/SCS/SBs 493 et al. (2014). SCHOOL TRANSFERS SECTION 167.825: For school year 2016-2017, students who participated in the transfer program that originated on July 1, 2014, will be allowed to participate under the same terms that governed the transfers in school year 2014-2015, except for the tuition amount. If an unaccredited district becomes provisionally accredited or accredited, any resident student who transferred will be permitted to continue his or her educational program through the completion of middle school, junior high school, or high school, whichever occurs first, and as described in the act. However, any such student must have previously attended a school in the unaccredited district for at least one semester before initially transferring, unless the student was entering kindergarten or was a first grade student. Such a student must maintain residence in the unaccredited district. A student who returns to his or her district of residence will be ineligible to transfer again. In addition, for school year 2016-17, any student who transferred from an unaccredited district to an accredited district in the same or an adjoining county in school year 2014-2015 or school year 2015-2016 but did not attend a public school for at least one semester in the unaccredited district prior to the transfer will no longer be eligible to transfer in school year 2016-2017. Any student who was participating in the transfer program before January 1, 2016, and who attended a school in an unaccredited district for at least one semester prior to transferring, shall have the option of transferring to a virtual school, an approved charter school, or another public school in the student's district of residence. This provision is similar to a provision contained in SB 633 (2016), and is substantially similar to a provision contained in SCS/SBs 1, 22, 49 & 70 (2015), CCS/SCS/HCS/HB 42 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SECTION 167.826: Any student may transfer to an accredited school in his or her district of residence that offers the student's grade level of enrollment if they have been enrolled for at least one semester in an unaccredited school in: 1) an unaccredited district; 2) an urban school district; 3) the St. Louis City school district; 4) a district located in St. Louis County; 5) a district located in Jackson County. However, student transfers within the district of residence cannot result in a class size and assigned enrollment in a receiving school that exceeds the standard level for class size and assigned enrollment under the Missouri School Improvement Program resource standards. Any student who has first attempted and is unable to transfer to an accredited school within his or her district of residence due to a lack of capacity at accredited schools in the district of residence may apply by March 1 to the appropriate education authority to transfer to one of the following education options: an accredited school in another district in the same or an adjoining county. A student who is eligible to begin kindergarten or first grade at an unaccredited school may apply to the appropriate education authority for a transfer if he or she resides in the attendance area of the unaccredited school on March 1 preceding the school year of first attendance. A student who does not apply by March 1 is required to enroll and attend for one semester to become eligible. Any transfer student who does not maintain residence in the attendance area of the attendance center will lose transfer eligibility. In addition, a student who withdraws from the transfer will also lose transfer eligibility. Students enrolled in and attending an attendance center only offering kindergarten through grade two are ineligible to transfer under this section. Unaccredited schools and provisionally accredited schools cannot receive transfer students except that a student who chooses to attend a provisionally accredited school in his or her district of residence may do so. Charter schools with a score of less than seventy percent on the annual performance report cannot receive transfer students. In addition, no attendance center with a three-year average score of seventy-five percent or lower on its annual performance report is eligible to receive transfer students, except for any student who was granted a transfer prior to the effective date of this act. Districts and charter schools that receive student transfers are not required to do any of the following (unless they choose to do so): exceed the class size and assignment enrollment standards of a district-approved policy on class size; hire additional classroom teachers; or construct additional classrooms. Each receiving district and charter school has the right to establish a policy for desirable class size and student-teacher ratios based on objective means and will not be required to accept any transfer students that would violate its policy. A policy may allow for estimated growth in the resident student population. A charter school may use the class size, student-teacher ratios, and growth projections for student enrollment in its charter and charter application. A district or charter school that adopts a policy must do so by January 1. If a transfer student is denied admission based on a lack of space under a policy, the student may appeal to the State Board of Education. The State Board may limit the policy if it finds the policy is unduly restrictive to student transfers. The State Board's decision is final. Sending districts must pay tuition to receiving districts and receiving charter schools in two increments: one increment at the start of the school year and a second increment at the start of the second semester. If an unaccredited school becomes provisionally accredited or accredited, any resident student who transferred under one of the transfer options will be permitted to continue his or her educational program through the completion of middle school, junior high, or high school, as described in the act. For any district that operates an unaccredited school, the education authority for the county in which the district is located must designate at least one accredited district to which the district must provide transportation for transfer students. During the 2016-17 school year, for any district located in St. Louis County that is unaccredited as of January 1, 2014, the costs of providing transportation for transfer students shall be paid from the "Student Transfer Transportation Fund", created by the act. When costs associated with the provision of special education and related services to a student with a disability exceed the tuition amount, the transfer student's district of residence is responsible for paying the excess costs to the receiving district. When the St. Louis City School District operates an unaccredited school, it is responsible for the provision of special education and related services, including transportation to students with disabilities. A special school district may contract with the St. Louis City School District, as described in the act. (Section 167.826) This provision is identical to a provision contained in CCS/SCS/HCS/HB 42 (2015), is substantially similar to a provision contained in SB 633 (2016), and is similar to a provision contained in SB 571 (2016), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SECTION 167.827: By August 1, 2016, and by January 1 annually, each district in the same or an adjoining county as an unaccredited district must report to the appropriate regional education authority the number of its available enrollment slots in accredited schools by grade level. Each district operating an unaccredited school must report the number of available enrollment slots in the district's accredited schools. Each charter school with an annual performance report score of seventy percent or greater in the same or adjoining county as a district operating an unaccredited school must report the number of available enrollment slots. Each education authority with a district operating an unaccredited school in its geographic area must make information and assistance available to parents who intend to transfer their child using one of the transfer options. Parents who intend to transfer their child must send initial notification to the appropriate education authority by March 1. The education authority will assign transfer students, as space allows. When assigning students to charter schools, the education authority must coordinate with each charter school and its admissions process if capacity is insufficient to enroll all students who submit a timely application. The education authority will give first priority to students who live in the same household with family members within the first or second degree of consanguinity or affinity who have already transferred and apply to transfer to the same accredited school. If insufficient enrollment slots are available for a student to transfer, that student will receive first priority the following school year. The authority is only able to disrupt student and parent choice for transfers if a receiving district's, receiving charter school's, virtual school of choice's, or the virtual public school's available slots are requested by more students than there are slots available. The authority must consider the following factors in assigning schools: the student's or parent's choice of the receiving school (most important); the best interests of the student; and distance and travel time. The authority must not consider student academic performance; student free and reduced lunch status; or athletics. An education authority may deny a transfer to a student, who in the most recent school year, has been suspended from school two or more times or has been suspended for an act of school violence, as described in the act. The test scores of transfer students attending schools in districts other than the district of residence shall be phased in over four years, as described in the act. This provision is substantially similar to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is similar to a provision contained in SB 571 (2016), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SECTION 167.848: Definitions governing the student transfer portions of this act are provided. SECTION 167.890: This act requires the Department of Elementary and Secondary Education to compile and maintain student performance data scores of all transfer students enrolled in districts other than their resident districts and to make such data available on the Missouri Comprehensive Data System. This provision is identical to a provision contained in SB 633 (2016) and CCS/SCS/HCS/HB 42 (2015), and is substantially similar to a provision contained in SB 571 (2016). REGIONAL EDUCATION AUTHORITIES This act creates three separate regional education authorities to coordinate student transfers, one for the St. Louis region, a second authority for the Kansas City area, and a third authority for the rest of the state. Each authority will consist of five members who must be residents of their covered area, as described in the act, appointed by the Governor with the advice and consent of the Senate, who will serve for a term of six years. The Education Authority must coordinate and collaborate with local districts and local governments for the student transfers. Parents who want to transfer their child must notify the appropriate regional education authority by March 1. The education authority will assign students to districts using an admissions process, as described in the act. (Sections 167.830 to 167.842) These provisions are identical to provisions contained in CCS/SCS/HCS/HB 42 (2015), and are substantially similar to provisions contained in SB 633 (2016), SB 571 (2016), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). ONLINE TUTORING SERVICES A school district may enter into a contract with a public library to provide online tutoring services through a third party vendor or a non-profit organization for the district's students. Tutoring services must be conducted through compatible computers to participating students who have a library card, both within and without the public library facility. Online tutoring services may include assistance with homework, collaboration and study tools in various school subjects, access to writing assistance productivity software, and test preparation tools. A contract may allow dedicated access to assistance during specified hours of the day and specified days of the week. A contract may allow students to submit questions to tutors or join online study groups. Online tutoring services must be designed and implemented to protect student privacy, prohibit voice communication between the parties, and prohibit face-to-face visual communication. In addition, employees of third party vendors or nonprofit organizations with which a public library has contracted for the tutoring services are prohibited from soliciting personally identifiable information from participating students. Any entity offering tutoring services must maintain an archive of all communications between students and tutors for two years. (Section 170.215) This provision is identical to a provision contained in SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), and SCS/SBs 1, 22, 49 & 70 (2015), and is substantially similar to a provision contained in CCS/HCS/SCS/SBs 493 et al. (2014) and SB 993 (2014). PARENT PORTALS This act creates the Parent Portal Fund in the state treasury. Moneys in the fund may be used to provide financial assistance to districts to establish and maintain a parent portal so parents may have access to educational information and access to student data via mobile technology. (Section 170.320) This provision is identical to a provision contained in SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014). SCHOOL LEARNING TIME The school board of any unaccredited district, provisionally accredited district, or district with a three year average annual performance report score consistent with a classification of unaccredited or provisionally accredited, may, by a majority vote, increase the length of the school day and also increase the number of instruction hours above the statutory minimum. This act creates the Extended Learning Time Fund in the state treasury. Moneys in the fund will be used for schools that extend the length of the school day or hours of instruction. (Section 171.031) This provision is identical to a provision contained in SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), and SCS/SBs 1, 22, 49 & 70 (2015), and is substantially similar to a provision contained in CCS/HCS/SCS/SBs 493 et al. (2014). SCHOOL BUILDINGS SECTION 177.015: Each district that owns a building that is not occupied must prepare and send a public notice to each district taxpayer of the status of each district-owned building that is not occupied. The notice must include the address of each building and the annual cost of maintaining it. The district must post this information on its website. A district's building will be deemed "occupied" if it is used for the education of children between the ages of four and twenty-one for at least three hours a day for a school term. This provision is identical to a provision contained in SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), and SCS/SBs 1, 22, 49 & 70 (2015). SECTION 1: This act requires any underperforming district in the St. Louis City school district, the Kansas City school district, or any district located in St. Louis County that owns buildings that are vacant and unused for classroom instruction to obtain an outside appraisal and prepare a cost estimate for the building's refurbishment to bring it into compliance with health, safety, and occupancy code. Such buildings must be publicly listed for sale between September 1, 2016, and October 1, 2016. Any buildings that are not sold during this time will be sold at auction, as described in the act. Any building not sold within six months may be demolished using funds from the reclamation and demolition fund. This provision is substantially similar to a provision contained in CCS/SCS/HCS/HB 42 (2015) and SCS/SBs 1, 22, 49 & 70 (2015). CHILDREN'S SERVICES FUND In St. Louis County, if there is an unaccredited or provisionally accredited school district, up to five percent of each fiscal year's revenues in the Children's Services Fund must be devoted to a grant program to deliver services to schools in those districts. The Children's Community Services Fund board of directors must undertake a needs assessment for any such school district within ninety days. The needs assessment must be used as a basis for contracting of services. The board of directors must appoint one of its members to a direct school service coordinating committee. The committee must provide recommendations and oversight to the program of contracted services. The use of funds is subject to an audit. This provision will terminate after fiscal year 2018. (Section 210.861) This provision is substantially similar to a provision contained in SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), SCS/SBs 1, 22, 49 & 70 (2015), and CCS/HCS/SCS/SBs 493 et al. (2014), and is similar to HB 906 (2015), HB 2299 (2014), and a provision contained in HB 2207 (2016). LEGISLATIVE TASK FORCE ON DYSLEXIA This act creates the Legislative Task Force on Dyslexia", which shall receive technical and administrative support from the Joint Committee on Education. The task force shall advise and make recommendations to the Governor, General Assembly, and relevant state agencies regarding matters concerning individuals with dyslexia including education and other adult and adolescent services. The task force shall make recommendations for a statewide system for identification, intervention, and delivery of supports for students with dyslexia, including the development of resource materials and professional development activities. The recommendations and resource materials shall identify valid and reliable screening and evaluation assessments and protocols; recommend an evidence-based reading instruction; develop and implement preservice and inservice professional development activities; review teacher certification and professional development requirements as they relate to the needs of students with dyslexia; examine barriers to accurate information on the prevalence of students with dyslexia across the state; and study and evaluate current practices for diagnosing, treating, and educating children in this state. The task force will be comprised of eighteen members, as specified in the act. The members shall be appointed by the president pro tempore of the Senate or the Speaker of the House by September 1, 2016. Members of the task force shall serve without compensation. The task force will automatically sunset on August 31, 2018, unless reauthorized by an act of the general assembly. (Section 633.420) This provision is substantially similar to a provision contained in HCS/SB 827 (2016), HCS/SCS/SB 904 (2016), CCS/HCS/SB 635 (2016), HCS/SB 711 (2016), HCS/HB 1928 (2016), SCS/HCS/HB 2379 (2016), SB 633 (2016), CCS/SCS/HCS/HB 42 (2015), SB 548 (2015) and HCS/HB 921 (2015). This act contains an emergency clause. JOSHUA NORBERG