HCS/SS/SCS/SB 528 - This act modifies provisions relating to public institutions of education. SECLUSION AND RESTRAINT POLICIES IN PUBLIC SCHOOLS (Section 160.263) Under current law, a school discipline policy shall prohibit confining a student in an unattended, locked space except for an emergency situation while awaiting the law enforcement personnel. Under this act, the school discipline policy shall reserve confining a student in seclusion for situations or conditions in which there is imminent danger of physical harm to self or others. "Seclusion" shall mean the involuntary confinement of a student alone or in a room or area that the student is physically prevented from leaving. "Seclusion" shall not include a timeout, in-school suspension, or detention. Current law requires the local board of education of each school district to adopt a written policy that comprehensively addresses the use of restrictive behavioral interventions as a form of discipline or behavior management technique. Under this act, prior to July 1, 2021, each written policy shall be updated to state that the school district, charter school, or publicly contracted private provider will reserve restraint or seclusion for situations or conditions in which there is imminent danger of physical harm to self or others. Each school district, charter school, and publicly contracted private provider shall also ensure that the policy includes certain requirements set forth in the act. The Department of Elementary and Secondary Education shall compile and maintain all incidents reported under this act, in the Department's core data system, and shall make such data available on the Missouri comprehensive data system. No personally identifiable data shall be accessible on the database. This provision is identical to SCS/HCS/HB 1540 (2020), HCS#2/HB 1568 (2020) and is similar to HB 1569 (2020). FUNDING FOR CHARTER SCHOOLS (Section 160.415) This act modifies the calculation of the amount a school district with one or more pupils attending a charter school shall pay to the charter school. Under this act, provisions of current law setting forth aid payments for charter schools shall only apply to school years ending on or before June 30, 2021. For school years beginning on or after July 1, 2021, each charter school and each school district responsible for distributing local aid to charter schools shall include as part of their annual independent audit, an audit of pupil residency, enrollment, and attendance in order to verify pupil residency in the school district or local education agency. A school district having one or more resident pupils attending a charter school shall pay to the charter school an annual amount equal to the product of the charter school's weighted average daily attendance and the state adequacy target, multiplied by the dollar value modifier for the district, less the charter school's share of local effort, plus all other state aid attributable to such pupils, plus local aid received by the school district, divided by the total weighted average daily attendance of the school district and all charter schools within the school district. Local aid is defined as all local and county revenue received by the school district and charter schools within the school district. A charter school that has declared itself a local educational agency shall receive all state aid calculated under this act from the Department, and all local aid calculated under the act from the school district. A charter school shall receive an annual amount as set forth in the act. Each month the school district shall calculate the amount of local aid owed to the charter school by the school district, and the school district shall pay such amount to the charter school. If any payment of local aid is due, the school district shall make monthly payments on the twenty-first day of each month, beginning in July of each year. If the school district fails to make timely payments to the charter schools, the Department shall impose any penalty deemed appropriate. Each school district shall, as part of an annual audit, include a report converting the local aid received from an accrual basis to a cash basis. Such report shall be made publicly available on its district website. The Department shall be required, under this act, to conduct an annual review of any payments made in the previous fiscal year to determine whether there has been any underpayment or overpayment. Such review shall include a calculation of the amount of local aid owed to charter schools using the first preceding year's annual audit. The school district shall pay to the charter school the amount calculated by such review. In the event of an underpayment, the school district shall remit the underpayment amount to the charter school. In the event of an overpayment, the charter school shall remit the overpayment amount to the school district. If the school district or charter school fails to remit any required payment, the Department shall impose any penalty deemed necessary. If a prior year correction of the amount of local aid is necessary, the school district shall recalculate the amount owed to the charter school or provide a bill to the charter school for any overpayment amount. The provisions of this act shall become effective on July 1, 2021. This provision is identical to SCS/SB 734 (2020), HCS/SS/SCS/SB 570 (2020), and HCS/HB 1664 (2020), and is similar to SB 527 (2020). STUDENTS' RIGHT TO KNOW ACT (Section 161.625) Under this act, beginning on January 1, 2021, the Department of Higher Education and Workforce Development shall be required to collect certain information set forth in the act, including the most in-demand jobs in the state, starting salary, and the education level required for such job, and information about the cost of colleges and vocational schools in the state, and student loans. This information shall be collected annually by the Department and shall be distributed to every public high school in the state for distribution to students by October 15. This provision is identical to HCS/HBs 1774 & 1994 (2020), and is substantially similar to SB 622 (2020). VIRTUAL SCHOOL PROGRAM (Section 161.670) Under current law, for purposes of calculation and distribution of state school aid, all students enrolled in the Missouri Course Access and Virtual School Program shall be included in the student enrollment of the school district in which the student physically is enrolled. Under this act, full-time equivalent students shall not be included in the student enrollment of the school district in which such student resides. The Department of Elementary and Secondary Education shall pay any Missouri Course Access and Virtual School Program an amount equal to the average daily attendance for the student's district of residence. A virtual school program serving full-time equivalent students shall be considered an attendance center as defined in current law. Current law requires a school district or charter school to allow any eligible student who resides in such district to enroll in Missouri Course Access and Virtual School Program courses if, prior to enrolling in any such course, a student has received approval from his or her school district or charter school. This act repeals the provision requiring a student to receive approval from his or her school district. If the school district or charter school believes a student's request to enroll in a virtual program is not in the best educational interest of the student, the reason shall be provided in writing to the student's parent or guardian, who shall have final decision-making authority. The Department, rather than each school district or charter school, shall adopt a policy that delineates the process by which a student may enroll in courses provided by the Missouri Course Access and Virtual School Program. Current law requires costs associated with such virtual courses to be paid by the school district or charter school directly on a pro rata monthly basis based on a student's completion of assignments and assessments. Under this act, costs shall be paid by the school district or charter school, or by the Department for full-time equivalent students, to the provider on a pro rata basis once per semester based on a student's completion of assignments and assessments. Current law also requires the Department to monitor student success and engagement and report such information to the school district or charter school. Under this act, the Department shall report such information to the parent or guardian of the student, who may withdraw the student at any time if the course is not meeting the educational needs of the student. This act also repeals the provision setting forth the responsibility of school districts and charter schools to monitor full-time student progress and success. Virtual school providers are required, under this act, to monitor student progress and success, and may remove a student from the program if the provider believes it to be in the best educational interest of the student. A full-time virtual school shall, under this act, submit a notification to a parent or legal guardian of a student who is not consistently engaged in instructional activities, as defined in the act. Such school shall also develop a policy setting forth the consequences for a student's failure to attend school and complete instructional activities, including disenrollment from the virtual school. School districts or charter schools are required, under current law, to inform parents of their child's right to participate in the virtual schools program. Under this act, any school district or charter school that fails to notify parents of their child's right to participate in the program shall be subject to civil penalties in an amount equal to $100 for each day such school district or charter school is in violation of this requirement, including reasonable attorney's fees. This provision is identical to SCS/SB 996 (2020), and is similar to HCS/HB 2491 (2020). RECORDINGS OF CERTAIN MEETINGS (Section 162.686) Under this act, no school district or charter school shall prohibit a parent or legal guardian of a student from audio recording any meeting held under the federal Individuals with Disabilities Education Act (IDEA), or the federal Rehabilitation Act of 1973. Any audio recording make by a parent or legal guardian shall be the property of the parent or guardian, and shall not be considered to be a public record. School districts and charter schools shall not require parents to notify the school district or charter school of such parent's intent to record a meeting more than 24 hours in advance. No school district or charter school employee who reports any violation of this act shall be subject to discharge, retaliation, or any other adverse employment action for making such report. This provision is identical to SCS/HCS/HB 1540 (2020), HB 1317 (2020), and is substantially similar to SB 1022 (2020) and SCS/SB 645 (2020). GIFTED STUDENTS (Section 162.720) Under current law, when a sufficient number of children are determined to be gifted and their development requires programs or services beyond the level of those ordinarily provided in regular public school programs, districts may establish special programs for such gifted children. Approval of such programs shall be made by the Department of Elementary and Secondary Education based upon project applications submitted by July 15 of each year. Under this act, this provision shall apply to all school years ending on or before June 30, 2022. Under this act, beginning July 1, 2022, if 3% or more of students enrolled in a school district are determined to be gifted, the district is required to establish a state-approved gifted program for gifted children. If a school district has an average daily attendance of 350 students or less, the district's gifted program shall not be required to provide services by a teacher certified to teach gifted education. Any teacher who provides gifted services through the program, and is not certified, shall annually participate in at least 6 hours of professional development focused on gifted development. Approval of such programs shall be made by the Department based upon project applications submitted at a time and in a form determined by the Department. This provision is identical to HB 1317 (2020), and is substantially similar to a provision contained in SCS/SB 645 (2020). REIMBURSEMENT FOR HIGH-NEEDS STUDENTS (Section 162.974) Under current law, the Department of Elementary and Secondary Education shall reimburse school districts for the educational costs of high-needs children with an Individualized Education Program (IEP) exceeding three times the current expenditure per average daily attendance (ADA) as calculated on the district annual secretary of the board report for the year in which the expenditures are claimed. Under this act, for any school district with an average daily attendance of 500 students or fewer, the calculation of three times the current expenditure per ADA shall not include any money reimbursed to a school district under the act. This provision identical to HB 2544 (2020), SCS/HCS/HB 1540 (2020), and is substantially similar to HCS/HB 957 (2019). CALCULATION OF LOCAL EFFORT (Section 163.011) This act modifies the definition of "local effort" by removing fines from the calculation of local effort, beginning July 1, 2021. This provision is identical to HB 1818 (2020) and HCS/SS/SCS/SB 570 (2020). CALCULATION OF LOCAL EFFORT IN IRON COUNTY (Section 163.024) Under this act, no moneys received in the Iron County School Fund from the payment of any penalty under the administrative order set forth in the act issued by the Department of Natural Resources shall be included in such school district's local effort calculation. This provision is identical to HCS/HB 1817 (2020), SCS/HCS/HB 1540 (2020), and HCS/SS/SCS/SB 570 (2020), and is substantially similar to HCS/SS/SCS/SB 594 (2020) and HCS/SCS/SB 725 (2020). STATE AID FOR TRANSPORTATION OF STUDENTS (Section 163.164) Under this act, in any fiscal year in which the total appropriation for the foundation formula is greater than the amount reimbursed to public schools, the Department of Elementary and Secondary Education shall transfer such excess cash balances by the fifteenth day of the succeeding fiscal year to the School Transportation Fund established in this act. This act establishes the "School Transportation Fund" in the State Treasury. The fund shall be administered by the commissioner of the Department, and any funds deposited into the fund shall be paid to public school districts to provide transportation to students, in addition to state aid currently provided for transportation of students, based on the cost of pupil transportation, in accordance with current law. The provisions of this act shall not apply in any year in which state transportation aid reaches 75% of the total allowable cost of transporting all pupils eligible to be transported. This provision is substantially similar to HB 2078 (2020), HB 2750 (2020), SS/SCS/HB 1963 (2020), and SB 1055 (2020). USE OF SUNSCREEN BY STUDENTS IN SCHOOLS (Section 167.628) Under this act, a public school shall permit students to possess and apply topical sunscreen products while on school property or at any school-related event or activity, and shall not require such student to provide a prescription or note from a health care provider in order to do so. A public school shall require any sunscreen product to be used by the student to be provided by such student's parent or guardian. School personnel shall not be required to assist students in applying any sunscreen products, and schools shall not be required to adopt a written policy permitting the use of such products. This provision is identical to HB 1561 (2020). PARTICIPATION OF HOME SCHOOL STUDENTS IN PUBLIC SCHOOL ACTIVITIES (Section 167.790) Under this act, school districts shall not receive funding under the foundation formula if such district develops a policy, or is a member of, or remits any funds to, any statewide activities association that prohibits a home school student or full-time equivalent virtual school student from participating in any event or activity offered by the school district, or requires a home school student or full-time equivalent virtual school student to attend the public school for any portion of a school day in order to participate in any event or activity. This provision shall not apply if a specific class is required for the participation and is directly related to the participation in an association activity, or in a club, extracurricular activity, or sport. The Department of Elementary and Secondary Education is required to withhold payments to districts in violation of this act until such district proves to the State Board of Education that the school district has ceased membership in the organization. This act further provides that a statewide activities association shall not prohibit or restrict any school district that is a member of the association from participating in any events authorized or regulated by the association with any school that is not a member of the association. This provision is identical to SCS/SB 875 (2020), SCS/HCS/HB 1540 (2020), and is substantially similar to HCS/HB 2273 (2020) and SB 130 (2019). CAREER PATHWAYS SYSTEMS (Section 168.021) Under current law, certificates of license to teach in the public schools shall be granted by the State Board, which shall issue an initial visiting scholars certificate based on verification from the hiring school district that the applicant will be employed as part of a business-education partnership initiative designed to build career pathways systems for students in a grade or grades not lower than the ninth grade. This act repeals the requirement that the hiring school district verify that the applicant will be employed as part of a business-education partnership initiative, but rather requires such district to verify that the applicant will be employed to build career pathways systems for students. This provision is identical to HCS/HB 2435 (2020), and is substantially similar to HCS/HB 1316 (2020), HB 2174 (2020), HB 2750 (2020), HCS/SS/SCS/SB 718 (2020), SB 1055 (2020), and SB 830 (2020). BACKGROUND CHECKS FOR CERTAIN ADULT STUDENTS (Section 168.133) This act requires criminal background checks to be conducted on any person who is 18 years or older, who is not counted by the district for purposes of average daily attendance, and who requests enrollment in a course that takes place on school district property during regular school hours. Such background checks shall be conducted before the person enrolls in the course. A person shall be prohibited from enrolling in such a course if he or she has pled guilty to, or been convicted of, any crime or offense which would currently prevent the issuance of a teaching certificate. Additionally, this act adds "substitute teachers" as individuals required to complete a criminal background check for employment. Substitute teachers may disseminate fingerprint information to up to five school districts with one application as outlined in the act beginning January 1, 2021. This provision is substantially similar to HB 1483 (2020), HB 2479 (2020), HCS/SS#2/SCS/SB 523 (2020), HCS/SS/SB 600 (2020), and HCS/HB 774 (2020). SCHOOL DISTRICT SUPERINTENDENT SHARING (Section 168.205) Current law permits two or more school districts to share a superintendent. Under this act, beginning July 1, 2021, subject to appropriation, a school district that enters into an agreement with another school district to share a superintendent shall receive an additional $30,000 from the Department of Elementary and Secondary Education. Such amount shall be in addition to, and shall not be included in, any calculation of state aid. In order to receive the additional $30,000, the school district shall provide proof to the Department that the school district will use all of the additional funds and at least half of the amount saved as a result of participating in sharing a superintendent to compensate teachers or provide counseling services. No school district that receives additional funding under this act shall receive such funding for more than five years. This provision is identical to HB 1903 (2020), SCS/HCS/HB 1540 (2020), and is similar to HB 2717 (2020). INSTRUCTION IN CURSIVE WRITING (Section 170.025) This act requires each school district to ensure that elementary and secondary schools provide instruction in cursive writing so that students can create readable documents through legible cursive handwriting by the end of the fifth grade, and pass with proficiency a teacher-constructed test demonstrating student competency in both reading and writing in cursive. This provision is identical to SB 1071 (2020) and HB 1262 (2020). STATEWIDE PLAN FOR CAREER AND TECHNICAL EDUCATION (Section 170.029) This act requires the State Board of Education, in consultation with the Career and Technical Advisory Council, to develop a statewide plan for career and technical education (CTE) that matches workforce needs with appropriate educational resources. The Department of Elementary and Secondary Education shall convene work groups from each program area to develop and recommend rigorous and relevant performance standards or course competencies for each program of study, which shall include certain members set forth in the act. The Department of Elementary and Secondary Education shall develop written curriculum frameworks relating to CTE program areas that may be used by school districts. This act is identical to HCS/HB 1868 (2020), and is similar to SB 536 (2020). JASON FLATT/AVERY REINE CANTOR ACT (Section 170.047) Under this act, beginning in the 2021-2022 school year the Practicing Teacher Assistance Programs established under current law may offer and include at least two hours of in-service training provided by each local school district for all practicing teachers in such district regarding suicide prevention. Teachers, principals, and licensed educators in each district may annually attend such training or complete training on suicide prevention through self-review of suicide prevention materials. Attendance at such training shall be counted as two contact hours of professional development. The Department of Elementary and Secondary Education may develop materials to be used for such training, or may offer materials developed by a third party. This provision is identical to HCS/HBs 1820 & 1470 (2020). SUICIDE PREVENTION FOR STUDENTS (Section 170.048, 173.1200) Beginning July 1, 2021, all public schools and charter schools serving students in grades seven to twelve, and all institutions of higher education that issue student identification cards shall be required to print on either side of the identification card the telephone numbers for the National Suicide Prevention Lifeline, the Crisis Text Line, a local suicide prevention hotline, and for institutions of higher education, the campus police or security telephone number, or the local law enforcement agency telephone number. If, on July 1, 2021, any public school, charter school, or institution of higher education has a supply of unissued student identification cards that do not comply with this act, the school shall issue such student identification cards until the supply is depleted. This act shall apply to a student identification card issued for the first time to a student, and to any student identification card issued to replace a damaged or lost student identification card. These provisions are identical to HCS/HBs 1820 & 1470 (2020), and are substantially similar to SB 787 (2020). DEPARTMENT OF HIGHER EDUCATION AND WORKFORCE DEVELOPMENT STUDENT RESOURCES (Section 173.035) Under current law, the Department of Higher Education and Workforce Development shall develop, maintain, and operate a website containing information of public and private institutions of higher education directing students to certain resources. Under this act, the Department shall only include information from public institutions of higher education. Current law also provides that inclusion of information on the website is voluntary. This act repeals such provision, and requires institutions of higher education to submit all information set forth in the act. This provision is identical to HCS/HBs 1774 & 1994 (2020). WORKFORCE DIPLOMA PROGRAM (Section 173.831) This act establishes the "Workforce Diploma Program" within the Department of Elementary and Secondary Education to assist students with obtaining a high school diploma and in developing employability and career and technical skills. Before August 16, 2021, and annually each year after, the Department shall issue a request for qualifications for interested program providers to become approved providers to participate in the program. Each approved program provider shall meet certain criteria set forth in the act, including having at least two years of experience providing adult dropout recovery services. The Department shall announce approved program providers prior to October 16 each year, and approved program providers shall begin enrolling students before November 15 each year. The Department shall pay approved program providers amounts set forth in the act for the completion of certain milestones by students. However, no program provider shall receive funding for a student if such provider already receives federal or state funding or private tuition for such student. In order to receive payments, program providers shall be required to submit monthly invoices to the Department before the eleventh calendar day of each month for the milestones met by students in the previous month. The Department shall pay approved program providers in the order in which invoices are submitted until all available funds are exhausted. The Department shall also provide a written update to program providers by the last day of each month, which shall include the aggregate total dollars that have been paid to the providers, and the estimated number of enrollments still available for the program year. Prior to July 16 of each year, each provider shall report certain information set forth in the act to the Department, including the total number of students who have been funded through the program, the total number of credits earned, the total number of employability skills certifications issued, the total number of industry-recognized credentials earned, and the total number of graduates. An approved program provider shall, prior to September 16 of each year, conduct and submit to the Department the results of a survey of each individual who graduated from the program. The Department shall review data from each approved program provider, at the end of the second fiscal year of the program, to ensure that each provider is achieving minimum program performance standards. Any provider failing to meet such standards shall be placed on probationary status for the remainder of the fiscal year. If a provider fails to meet the standards for two consecutive years, such provider shall be removed from the approved provider list. If an approved program provider determines that a student would be better served by participating in a different program, the approved provider may refer the student to the state's adult basic education services. Any diploma issued under this act shall be recognized as a secondary school diploma by the state. This provision is substantially similar to HCS/HB 2038 (2020) and SB 839 (2020). INFORMED STUDENT DOCUMENT ACT (Section 173.1011) Under this act, the Coordinating Board of Higher Education shall develop an informed student document to be used by prospective students and parents of prospective students to identify the institutional grouping to which the institution is assigned under any system of institutional accountability, and the institution's in-state and out-of-state peer institutions. Such document shall also include information set forth in the act relating to the costs of the institution, employment potential for graduates of the institution, and average test-scores of admitted students, and such information for the institution's in-state and out-of-state peer institutions. Prospective students shall verify on the institution's website that the student has read the document. The informed student document shall be made available to every public high school in the state for distribution to students by October 15 of each year, and to the public, members of the General Assembly, and other interested policy makers on the Department's website, and on each institution's website. This provision is identical to HCS/HBs 1774 & 1994 (2020). ADVANCED PLACEMENT CREDIT (Section 173.1352) This act requires each in-state public community college, college, or university that offers postsecondary freshman-level courses to adopt and implement a policy to grant undergraduate course credit to entering freshman students for each advanced placement examination upon which such student achieves a score of three points or higher. Upon a request for admission as an entering freshman, and based on information provided by the applicant, an institution shall determine and notify the applicant of the amount and type of course credit that would be granted under the policy, and any other academic requirement that the applicant would satisfy under the policy. The Coordinating Board for Higher Education, in consultation with the Department of Elementary and Secondary Education, shall identify correlations between the subject matter and content of courses offered by each institution and the subject matter and content of courses and examinations in the advanced placement program and shall make such information available on the Board's website. This provision is similar to HB 1508 (2020) and HB 2518 (2020). STATEWIDE MISSION FOR SOUTHEAST MISSOURI STATE UNIVERSITY (Sections 174.281, and 174.453) Under this act, Southeast Missouri State University is designated and shall be operated as an institution with a statewide mission in the visual and performing arts, computer science, and cybersecurity. This act also sets forth the makeup of the Board of Governors for Southeast Missouri State University. These provisions is identical to HCS/HB 2151 (2020), and is substantially similar to SB 910 (2020) and SCS/HCS/HB 1540 (2020). MISSOURI WESTERN STATE UNIVERSITY'S BOARD OF GOVERNORS (Section 174.453) This act repeals provisions of current law setting forth the requirement that two of the eight voting members of the Board of Governors for Missouri Western State University be selected from any of the counties in the state outside of the counties set forth under current law. This act also removes the cap on the number of members that may be appointed from any one county. This provision is substantially similar to SCS/HCS/HB 1540 (2020). JOSIE BUTLER