HCS/SB 79 – This act modifies provisions relating to education. ADDITIONAL GENERAL ELECTION DAY IN NOVEMBER 2009: This act provides that the first Tuesday after the first Monday in November 2009 will be a general election day for the purpose of allowing school districts to issue bonds for school facilities. This provision is identical to a provision also contained in HCS#2/SS/SB 291 (2009). (Section 115.121) MOTOR FUEL SALES TAX EXEMPTION: Any motor fuel sold to be used to operate school buses to transport students to or from school or for other educational purposes is exempt from the motor fuel tax. This provision is identical to HB 87 (2009) and HB 112 (2009) and a provision contained in HCS/SS/SB 291 (2009), HCS/SB 55 (2009) and HCS/HB 958 (2009). (Section 142.814) USE OF SECLUSION ROOMS: This act requires school district discipline policies to prohibit confining a student in an unattended, locked space except for an emergency situation while awaiting the arrival of law enforcement personnel. By July 1, 2011, each school district must adopt a written policy that addresses the use of restrictive behavioral interventions as a form of discipline or behavior management technique, as described in the act. The Department of Elementary and Secondary Education must develop a model policy by July 1, 2010 in cooperation with associations, organizations, agencies, and individuals with specialized expertise in behavior management. This provision is identical to a provision contained in HCS#2/SS/SB 291 (2009) and is similar to SB 445 (2009). (Section 160.263) CHARTER SCHOOLS: When the Department retains and remits certain funds to the sponsor of a charter school, the sponsor must make an appropriate determination of the following: it must expend no less than 90% of its sponsorship funds in support of its charter school sponsorship program, or as a direct investment in the sponsored schools; have fair procedures and rigorous criteria for its application process and grant charters only to developers who show capacity for establishing and operating a quality charter school; negotiates charter school contracts that clearly articulate the rights and responsibilities of each party as described in the act; conducts contract oversight; and designs and implements a transparent and rigorous process to make merit-based renewal decisions. Current law provides that a charter school sponsor may revoke a charter if the charter school commits certain acts. This act provides that a charter school sponsor shall revoke a charter, or take other appropriate remedial action, which may include placing the charter school on probationary status if the charter school commits certain acts. Current law requires charter schools to maintain a surety bond based on the school's cash flow. This act would allow charter schools to maintain an insurance policy in the amount of $500,000 or more to provide coverage in the event of employee theft. The Department of Elementary and Secondary Education will commission a study comparing the performance of charter school students with an equivalent group of district students representing an equivalent demographic and geographic population. The Department will also study charter schools' impact on the constituents of the district in which they serve by using a contractor through a proposal process. The study must include an analysis of the administrative and instructional practices of each charter school and include findings on best practices that lend themselves to replication or incorporation in other schools. The Department must coordinate the request for proposal process with individuals representing charter schools and the districts in which the charter schools are located. The student performance assessment must include, but may not be limited to: MAP test performance; student re-enrollment rates; educator, parent, and student satisfaction data; graduation rates; and performance of students enrolled in the same public school for three or more consecutive years. These provisions are substantially similar to provisions contained in HCS#2/SS/SB 291 (2009) and are similar to provisions also contained in SB 64 (2009) and SB 1078 (2009). (Sections 160.400, 160.405, 160.410) SCHOOL FLEX PROGRAM: This act establishes the School Flex Program to allow eligible students to pursue a timely graduation from high school. The program is available for eleventh and twelfth graders who have been identified by their principal and parent or guardian. Students must attend school a minimum of two instructional hours per school day within their school district of residence; pursue a timely graduation; provide evidence of college or technical career education enrollment and attendance, or proof of employment and labor that is aligned with the student's career academic plan; refrain from being expelled or suspended; pursue course and credit requirements for a diploma; and maintain a 95% attendance rate. Students participating in the program will be considered full-time students of the school district and be counted in the school's average daily attendance for state aid purposes. Participating school districts must submit an annual report to the Department of Elementary and Secondary Education. The Department must report annually to the Joint Committee on Education on the program's effectiveness. This act also changes the requirement for compulsory attendance age for school districts, except for the St. Louis City School District. Current law defines the compulsory attendance age as sixteen. This act changes that to successful completion of sixteen credits toward high school graduation. These provisions are substantially similar to provisions also contained in HCS#2/SS/SB 291 (2009). (Sections 160.011, 160.539, 167.031) A+ SCHOOLS PROGRAM: Current law provides that public high schools may receive grant awards to modify and improve their curriculum. This act eliminates these grant awards. Currently, in order to receive reimbursements through the A+ Program, a student must attend and graduate from a high school that has been designated as an A+ school by the Department of Elementary and Secondary Education. To be an A+ school, a high school must meet various requirements, including meeting certain curricular standards, as designated in Department of Elementary and Secondary Education rules. Instead, this act shifts eligibility for students to receive reimbursements through the A+ Program from having to attend an A+ designated high school to students who meet the requirements identified in this act. Many of the requirements for A+ reimbursements that exist in rules promulgated by the Department of Elementary and Secondary Education are codified in this act. A student must meet the following requirements to qualify for a financial incentive award: have attended a public high school in Missouri for three years prior to graduation; have graduated from high school with an overall grade point average of 2.5 on a 4.0 scale, or an equivalent; have at least a 95% attendance record overall for grades nine through twelve; have performed at least fifty hours of unpaid tutoring or mentoring; and have maintained a record of good citizenship and avoidance of the unlawful use of drugs and alcohol. In order to maintain eligibility for the four-year period of incentive availability, a student must meet the following requirements: enroll in and attend a Missouri public community college, vocational or technical school, state technical college, or private vocational or technical school, as described in the act; maintain a grade point average of 2.5 or higher on a 4.0 scale, or its equivalent on another scale; and maintain a record or good citizenship and avoidance of the unlawful use of drugs and alcohol. A student must make a documented good faith effort to first secure all available postsecondary student financial assistance funds that do not require repayment. The financial incentives in this act are subject to appropriation and are available only after all other postsecondary student financial assistance funds have been applied to costs. The awards will be available to reimburse the unpaid balance of the cost of tuition, general fees, and up to fifty percent of the book cost for a student, in that order. Missouri institutions of higher education, as described in the act, must verify certain information for each student who receives a financial incentive and attends such an institution. By the end of the first semester of a student's participation, the institution of higher education must: verify that student eligibility has been received from the student's high school of graduation; the eligible student is enrolled full-time; and the student has made a good faith effort to secure all available postsecondary student financial assistance funds. During the second semester, and any subsequent semester, of a student's receipt of financial incentives, the institution of higher education must verify that: the eligible student continues to be enrolled full-time; the student continues to make good faith efforts to secure all available postsecondary student financial assistance funds; the student maintains a grade point average of 2.5 or higher on a 4.0 scale. Current law provides the same requirements and qualifications to participate in the A+ Schools Program for private career-technical schools and public career-technical schools. This act removes public career-technical schools from those requirements. This act also adds state technical colleges to the schools that may participate in the program. These provisions are identical to provisions also contained in HCS/SS/SB 291 (2009) and SS/SCS/SB 558 (2009) and are similar to HB 903 (2009), SB 493 (2009) and HB 490 (2009). (Section 160.545) ANTI-BULLYING POLICIES: This act modifies the requirements for school anti-bullying policies. The definition of "bullying" is modified to include discrimination and to include actions that substantially interfere with a student's educational performance, opportunities, or benefits, or that substantially disrupt the orderly operation of the school. The definition of bullying must also include cyberbullying and electronic communications. Bullying is prohibited by school employees or students on school property, at school functions, or on school buses. This act removes the requirement that school policies treat all students equally and not identify lists of protected classes of students. Instead, bullying that is based on characteristics or categories, as described in the act, is prohibited. School district policies must contain the following: a statement prohibiting bullying, including a definition of bullying, as described in the act; a procedure for reporting an act of bullying; a procedure for prompt investigations; how a school will respond to a confirmed incident of bullying; a statement prohibiting reprisal or retaliation against a person who reports an act of bullying; a statement of how the policy will be made public; and a process for discussing the policy with students and training employees and volunteers. The State Board of Education must develop model anti-bullying policies to assist school districts no later than September 1, 2010. This provision is substantially similar to SB 132 (2009), HB 1751 (2008), SB 762 (2008) and is similar to SB 646 (2007). This provision is similar to a provision also contained in SCS/HCS/HB 96 (2009). (Section 160.775) TEACHING STANDARDS: This act requires the Department of Elementary and Secondary Education to develop standards for teaching in Missouri public schools by June 30, 2010, including public schools and charter schools. The teaching standards must include: having students actively participate and be successful in the learning process; forms of assessment to monitor and manage student learning; having the teacher be prepared and knowledgeable of content and maintain students' on-task behavior; having the teacher be current on instructional knowledge and explore changes in teaching behavior; and having the teacher act as a responsible professional in the mission of the school. School districts must establish key criteria by which teaching may be evaluated under the teaching standards. The department must provide model criteria that districts may use. The teaching standards and criteria will serve as the basis for the establishment of district performance-based teaching evaluations and teacher professional development plans. This provision is identical to a provision contained in HCS/SB 55 (2009) and is similar to a provision contained in HCS#2/SS/SB 291 (2009) and SB 60 (2009). (Section 161.390) PARENTS' BILL OF RIGHTS: This act requires the Department of Elementary and Secondary Education to produce "The Parents' Bill of Rights," to inform parents of children with an individualized education program of their educational rights under federal and state law by January 1, 2010. The publication must state it does not confer any right or rights beyond those conferred by federal or state law. In addition, the publication must state that it is only for informational purposes. The publication must contain ten points of information, which are described in the act. The department must ensure that the content is consistent with legal interpretations of existing federal and state law and provides equitable treatment of all disability groups and interests. The Department of Elementary and Secondary Education must post a copy of it on its website. Each school district must provide a copy of "The Parents' Bill of Rights" upon determining that a student qualifies for an individualized education program and at any such time as a school district is required under state or federal law to provide the parent or parents with notice of procedural safeguards. The department must review and revise the content of the publication as necessary to ensure the content accurately summarizes the current federal and state law. This provision is identical to a provision contained in HCS#2/SS/SB 291 (2009) and is similar to SCS/SB 175 (2009). (Section 161.850) OPERATION OF A SPECIAL ADMINISTRATIVE BOARD OF A LAPSED SCHOOL DISTRICT: This act modifies the law regarding the operations of a special administrative board when a school district's corporate organization has lapsed after having been classified as unaccredited. Current law provides for three members on a special administrative board, one of whom will be a professional administrator and act as chair. This act allows the State Board of Education to appoint additional members. In addition, the State Board of Education may set a final term of office for any special administrative board member, after which a successor member must be elected by the school district as described in the act. If the State Board of Education appoints a successor member to replace the special administrative board's chair, the current members of the special administrative board may appoint a superintendent of schools and contract for his or her services. The State Board of Education may set a date on which the school district will return to local governance. This provision is identical to SCS/HB 659 (2009) and a provision contained in HCS#2/SS/SB 291 (2009) and HCS/SB 55 (2009) and is substantially similar to SB 443 (2009). SCHOOL DISTRICT RECORDS: This act allows school districts to maintain permanent records in a digital or electronic format. School districts must follow the manufacturer's guidelines, suggestions, and recommendations when using digital or electronic storage media and must not use them beyond the manufacturer suggested or recommended period of time. This provision is identical to SB 55 (2009), SB 925 (2008), and a provision contained in HCS#2/SS/SB 291 (2009). (Section 162.204) CHANGE IN SCHOOL DISTRICT BOUNDARY LINES: Under current law, when a board of arbitration is appointed to determine whether to modify the boundary lines between school districts, the board must base its decision, in part, on the presence of actual educational harm to children, due to a significant difference in time involved in transporting them. This act defines significant difference in the time involved in transporting students as a difference of forty-five minutes or more per trip in travel time. In addition, travel time is defined as the period of time required to transport a pupil from the pupil's place of residence or other designated pickup point to the site of the pupil educational placement. This act also repeals the requirement that a board of arbitration approve a proposed boundary change when the potential receiving district has obtained a score consistent with "accredited" on its most recent annual performance report and the potential sending district has obtained a score consistent with "unaccredited" on its most recent annual performance report. This provision is identical to a provision also contained in HCS#2/SS/SB 291 (2009) and HB 304 (2009). (Section 162.431) STUDY OF GOVERNANCE IN THE KANSAS CITY SCHOOL DISTRICT: The Joint Committee on Education must study the issue of governance in the Kansas City School District during the legislative interim through January 29, 2010. The Joint Committee must prepare a report and submit it to the General Assembly with any recommendations for legislative action. This provision is similar to a provision contained in HCS#2/SS/SB 291 (2009) and HCS/SCS/SB 253 (2009). (Section 162.492) VIRTUAL COURSES FOR SCHOOL DISTRICTS AND CHARTER SCHOOLS: This act provides that school districts that offer virtual courses to resident students who are enrolled in the school district shall receive state school funding. School districts may offer virtual courses through technological methods as described in the act that could take place outside of the regular school district facility. In addition, school districts may develop a virtual program for any grade level. Charter schools may also offer virtual courses for students enrolled in the charter school and receive state funding, as described in the act. Nothing in the act will preclude a private, parochial, or home school student residing within a school district offering virtual courses from enrolling in the school district for purposes of participating in virtual courses. For purposes of calculation and distribution of funding, attendance of a student enrolled in a district virtual class will equal, upon course completion, ninety-four percent of the hours of attendance for such class delivered in the non-virtual program. Course completion will be calculated in two increments, fifty percent completion and one hundred percent. State funding will be distributed at the fifty percent increment and one hundred percent increment in an amount equal to forty-seven percent of hours of attendance possible for such course delivered in the non-virtual program of the school. Any special school district must count any student's completion of a virtual course or program in the same manner as the district counts the completion of any other course or program. School districts and charter schools must ensure that courses purchased from outside vendors are aligned with the Show-Me curriculum standards and comply with state requirements for teacher certification. A school district or charter school that offers virtual courses or develops virtual courses or a virtual program must ensure that they comply with various standards, as described in the act. A school district or charter school may contract with multiple providers of virtual courses or virtual programs, provided they meet all criteria for virtual courses or virtual programs under this section. This provision is identical to a provision contained in HCS/SB 55 (2009) and is substantially similar to a provision contained in HCS#2/SS/SB 291 (2009). (Section 162.1250) EDUCATION FUNDING: This act modifies the elementary and secondary education funding formula. It removes from the calculation of the state adequacy target the inclusion of the gaming revenues from the repeal of the loss limits. In addition, each recalculation of the state adequacy target will ensure that the recalculated figure is at least 102% of the previous state adequacy target amount. This becomes effective July 1, 2009. Beginning on July 1, 2010, the moneys derived from the passage of Proposition A will be deposited into the Classroom Trust Fund and distributed to school districts in that manner. In addition, $5 million from the Gaming Proceeds for Education Fund will be distributed as small school grants, as provided in section 163.044. Current law provides that current operating expenditures shall include, in part, any increases in state funding subsequent to fiscal year 2005, not to exceed 5%, per recalculation, of state revenue, received by a district in the 2004-2005 school year. This act removes the 5% limit on increases in state funding per recalculation. This becomes effective July 1, 2010. This act defines "Gifted Education Pupil Count" as the number of students who qualify as "gifted" under Section 162.675 and who are enrolled in a school district's gifted education program on the last Wednesday in January for the preceding school year. This number must not exceed five percent of a school district's enrollment for the immediately preceding academic year. This act modifies the definition of "weighted average daily attendance" by including in the calculation the product of .25 multiplied by the number of the district's gifted education pupil count. This becomes effective July 1, 2010. This act modifies the definition of "special education pupil count." Special education pupil count now includes the number of public school students with a services plan. This becomes effective July 1, 2009. This act eliminates, after the 2008-2009 school year, the penalty on a school district that experiences a decrease in summer school average daily attendance of more than 35% from the 2005-2006 summer school average daily attendance. This becomes effective July 1, 2009. This act repeals the Schools First Elementary and Secondary Education Improvement Fund on July 1, 2010 and modifies the audit that will be conducted by the State Auditor, which becomes effective July 1, 2009. These provisions are substantially similar to SCS/SBs 453 & 24 (2009) and are substantially similar to provisions also contained in HCS#2/SS/SB 291 (2009) and HCS/SB 55 (2009). (Sections 160.534, 163.011, 163.031, 313.775, 313.778, 313.822) SMALL SCHOOLS GRANTS: This act modifies grants made to small school districts. It increases the annual amount that the General Assembly is required to appropriate from $15 million to $20 million. The additional $5 million will be transferred from the Gaming Proceeds for Education Fund. Current law provides that funds will be directed to school districts with an average daily attendance of 350 students or less. This act provides that funds will be directed to school districts with an average daily attendance for the regular school year of 350 students or less. In addition, it increases, from $10 million to $15 million, the amount that will be distributed to eligible school districts in proportion to their average daily attendance for the regular school year. Beginning with the 2011 fiscal year and for each subsequent fiscal year, moneys from the Gaming Proceeds for Education Fund will be distributed to school districts with an average daily attendance for the regular school year between 351 and 449. School districts with a lower average daily attendance will receive a greater percentage of the funds whereas school districts with a greater average daily attendance will receive a smaller percentage. These provisions are identical to provisions contained in HCS/SS/SB 291 (2009). (Sections 160.534 & 163.044) RECALCULATION OF STATE AID FOR RIVERVIEW GARDENS SCHOOL DISTRICT: This act requires the Department of Elementary and Secondary Education to recalculate the state school aid for the Riverview Gardens School District to correct an error by the district in placing funds received by the state for school aid for fiscal year 2006 in the incidental fund, rather than the capital projects fund. The department must use the recalculation amount when distributing state aid for the 2009-2010 school year and subsequent years. After the 2010-2011 fiscal year, the State Auditor must perform a follow-up audit for the school district to determine the extent to which the district has addressed the findings of the 2007 audit. The district must obtain an independent appraisal prior to selling real property. This provision will become effective July 1, 2009. This provision is identical to a provision contained in HCS/SS/SB 291 (2009) and HCS/SB 55 (2009) and is similar to HCS/HB 542 (2009), SCS/SB 117 (2009), SB 888 (2008), SB 522 (2007), HB 698 (2007) and a provision contained in HCS#2/SS/SB 291 (2009). (Section 163.095) TRANSFERS BETWEEN SCHOOL DISTRICT FUNDS: This act allows school districts to transfer moneys from the incidental fund to the capital projects fund in excess of the statutory limitations for the 2009-2010 and 2010-2011 school years for moneys received from the American Recovery and Reinvestment Act of 2009 for capital projects. Any such transfers must be authorized by a majority vote of the school board by a resolution that identifies the specific capital projects to be funded and an estimated expenditure date. This provision is identical to a provision also contained in HCS/SS/SB 291 (2009) and is identical to HCS/HB 937 (2009). (Section 165.011) FOSTER CARE EDUCATION BILL OF RIGHTS: This act establishes the "Foster Care Education Bill of Rights." Each school district must designate a staff person to be an educational liaison for foster care children. This liaison would assist with proper educational placements, transferring between schools, ensuring transfer of grades and credits, requesting school records, and submitting school records that have been requested. A child placing agency will promote educational stability for foster care children when making placements. A foster care child may continue to attend his or her school of origin pending resolution of a dispute. Each school district must accept for credit any full or partial course work satisfactorily completed by a pupil while attending certain schools. A pupil who completes the graduation requirements of his or her school district of residence while under the jurisdiction of the juvenile court will receive a diploma If a foster care pupil is absent from school because of a change in placement by the court or child placing agency, or because of a verified court appearance or related court-ordered activity, the pupil's grades and credits will be calculated as of the date the pupil left school. Such absence will not result in a lowering of the pupil's grades. Subject to federal law, school districts are authorized to permit access of pupil school records to a child placing agency for the purpose of fulfilling educational case management responsibilities required by the juvenile officer or by law and to assist with the school transfer or placement of a pupil. These provisions are identical to provisions contained in SCS/SB 96 (2009), HCS#2/SS/SB 291 (2009), and CCS#2/SS/HCS/HB 154 (2009). These provisions are similar to SB 1000 (2008) and SB 630 (2007). (Sections 167.018 & 167.019). PHYSICAL ACTIVITY REQUIREMENTS: Beginning with the 2010-2011 school year, school districts must ensure that students in elementary schools participate in moderate physical activity, as described in the act, for the entire school year for an average of 150 minutes per week, or thirty minutes per day. Students with disabilities must participate to the extent appropriate. Middle school students may, at the school's discretion, participate in at least 225 minutes of physical activity per week. Elementary school students must be provided a minimum of one recess period of twenty minutes per day, which may be incorporated into the lunch period. The Commissioner of Education must annually select for the recognition of students, schools, and school districts that are considered to have achieved improvement in fitness. A school district may meet any of these requirements above the state minimum physical education requirement by additional physical education instruction or other activities approved by the individual school district under the direction of any certificated teacher or administrator or other school employee under the supervision of a certificated teacher or administrator. This provision is identical to a provision contained in HCS/SB 55 (2009) and HCS#2/SS/SB 291 (2009) and is similar to a provision contained in HCS/HB 509 (2009). (Section 167.720) VALIDITY AND TRANSFERABILITY OF FINGERPRINTS FOR TEACHER CRIMINAL BACKGROUND CHECKS: A criminal background check and fingerprint collection conducted for teachers and school employees will be valid for at least a period of one year and will be transferrable from one school district to another district. In addition, a change in a teacher's certification will have no effect on the transferability or validity of such records. This provision is identical to a provision contained in HCS#2/SS/SB 291 (2009), HCS/SB 55 (2009), HCS/SB 79 (2009), and HCS/HB 689 (2009). (Section 168.133) SCHOOL FOOD SERVICE CREDENTIALS: Beginning with the 2010-2011 school year, all employees who are employed, prior to August 28, 2009, as School Food Service Directors, or who have responsibility for school menu planning, including contracted vendors, by public or private schools that receive funding through the National School Lunch Program must become credentialed as school food service and nutrition specialists. Such employees may also obtain a level 1 certificate issued by the Missouri School Nutrition Association. Employees must become credentialed prior to the beginning of the 2012-2013 school year. In addition, beginning with the 2010-2011 school year, all employees who are employed, after August 29, 2009, as School Food Service Directors, or who have responsibility for school menu planning, including contracted vendors, by public or private schools that receive funding through the National School Lunch Program must become credentialed as school food service and nutrition specialists. Such employees may also obtain a level 1 certificate issued by the Missouri School Nutrition Association. Employees must become credentialed within two years of employment. (Section 168.185) ELIMINATION OF TENURE PROTECTIONS FOR NON-CERTIFIED EMPLOYEES IN ST. LOUIS CITY SCHOOL DISTRICT: Current law provides that non-certified employees in the St. Louis City School District may earn tenure protection. This act eliminates tenure protection for employees hired after August 28, 2009. This provision is identical to a provision also contained in HCS#2/SS/SB 291 (2009). (Section 168.251) SUPPLEMENTAL EDUCATIONAL SERVICES PROGRAMMING: Equipment and educational materials necessary for participation in supplemental educational services programming will not be deemed an incentive for purposes of compliance with the Department of Elementary and Secondary Education's rules and regulations for supplemental educational services provider certification. In addition, the Department of Elementary and Secondary Education must not prohibit providers of supplemental and educational services from allowing students to retain equipment, including computers, used by them upon successful completion of supplemental and educational services. This provision is identical to a provision contained HCS/SB 55 (2009) and HCS#2/SS/SB 291 (2009) and similar to a provision in SCS/HCS/HB 1722 (2008). (Section 170.400) FOUR-DAY SCHOOL WEEK: This act allows school boards to establish a four-day school week instead of a five-day school week by the adoption a resolution by a majority vote of board members. Any school district that does so must file a calendar with the Department of Elementary and Secondary Education. A minimum term for a school district adopting a four-day school week includes 142 days and 1044 hours of pupil attendance. A school district that adopts a four-day school week and subsequently meets at least two fewer performance standards on its annual performance report over a two year period must revert to a five-day school week. If the school district then meets the same number of performance standards it had met prior to adopting the four-day school week, it can resume a four-day school week. Current law requires a school district to make up the first six days of school lost or canceled due to inclement weather and half the number of days lost of canceled in excess of six days. This act provides that such make-up will occur if necessary to ensure that the district's students will attend a minimum of 142 days and a minimum of 1044 hours for the school year. School districts that adopt a four-day school week may schedule make-up days on Friday. These provisions are identical to provisions contained in HCS#2/SS/SB 291 (2009) and are substantially similar to HCS/HB 242 (2009), SB 345 (2009) and HB 1534 (2008). (Sections 160.011, 160.041, 171.029, 171.031, 171.033) SCHOOL MAKE-UP DAYS RESULTING FROM INCLEMENT WEATHER: Current law requires school districts to make up the first six days of school lost or canceled due to inclement weather and half the number of days lost or canceled in excess of six days. This act creates an exception for the 2008-2009 school year and subsequent school years. School districts may only have to make up a total of ten school days. This provision is substantially similar to a provision contained in HCS#2/SS/SB 291 (2009) and is similar to HB 682 (2009). (Section 171.033) HIGHER EDUCATION ACADEMIC SCHOLARSHIP PROGRAM: This act makes changes to the Higher Education Academic Scholarship Program (Bright Flight). It specifies that a student must be a Missouri resident in order to be eligible for a scholarship. In addition, it expands scholarship eligibility to individuals who have received a General Education Development diploma (GED) or who have completed a homeschooling program of study. The qualifying score necessary for a student to receive a scholarship will be determined at the beginning of an eligible student's final year of secondary coursework. Current law provides that in fiscal year 2011 and beyond, a student scoring between the top 3-5% of Missouri ACT or SAT test-takers will receive a $1,000 scholarship. This act provides that a student scoring in the top 5% of Missouri ACT test-takers will be offered a $1,000 scholarship, with an additional result being that a test-taker scoring in the top 3% would receive $4,000. Current law allows a student to receive a renewal scholarship for the second, third, and fourth academic years. This act allows a student to renew the scholarship for as long as the student is in compliance with the renewal requirements described in the act. If a scholarship recipient cannot attend an approved institution because of military service with the United States Armed Forces, the student will receive the scholarship if he or she returns to full-time status within six months after ending military service. The student must verify to the Coordinating Board for Higher Education that the military service was satisfactorily completed. This section is identical to SB 40 (2009) and provisions contained in SS/SCS/SB 558 (2009) and HCS/SS/SB 291 (2009) and is similar to provisions contained in SB 984 (2008). (Section 173.250) MISSOURI PROMISE PROGRAM: The Commissioner of Higher Education will establish scholarships beginning in academic year 2009-2010 for certain public four-year institutions, as described in the act, for students who previously received a scholarship under the A+ reimbursement program and completed a designated Associate's Degree and enroll in an approved institution within nine months of completion. Additional eligibility requirements include: a good faith effort to first secure all available federal and state sources of nonrepayable financial assistance that could be applied to tuition and fees; maintaining full-time enrollment; maintaining a record of good citizenship and avoidance of the unlawful use of drugs and alcohol; and maintaining a 3.0 GPA on a 4.0 scale while receiving the scholarship. A student cannot receive a scholarship for more than six semesters. If a student has a grade point average that falls below a 3.0 on a 4.0 scale, the student will be granted a one semester grace period. The student will lose eligibility if the student cannot subsequently raise his or her GPA to a 3.0. A student's scholarship amount must be reduced by the amount of a student's award under all other sources of postsecondary student financial assistance. Scholarships under this section will be subject to appropriation. If appropriations are insufficient to provide scholarships for all eligible students, scholarships to students attending two-year schools under the A+ reimbursement program must be fully funded before scholarships can be distributed to students attending four year schools. In addition, scholarship amounts can be prorated if necessary. Any proration or reduction must take into account the order of priority for distribution of financial incentives to students (tuition, fees, books). The Commissioner of Higher Education must develop a procedure for evaluating the effectiveness of this program, which will be conducted every two years. The results of the evaluation must be sent to the Governor, Speaker of the House of Representatives, and the President Pro Tempore of the Senate. This section contains provisions identical to SS/SCS/SB 558 (2009) and provisions also contained in HCS/SS/SB 291 (2009) and are similar to HB 903 (2009). (Section 173.268) ALIENS AND HIGHER EDUCATION: Aliens unlawfully present in the United States shall not be eligible for enrollment in any university, college, or junior college. The department of higher education shall annually certify that all higher education institutions have not knowingly enrolled any unlawful aliens in the preceding year. Education institutions awarding postsecondary aid, grants, or scholarships shall verify that the recipients are United States citizens, permanent residents, or are lawfully present in the United States. Postsecondary higher education institutions shall annually certify to the department of higher education that they have not knowingly awarded aid, grants, grants, or scholarships to a student who is unlawfully present in the United States. Currently, under section 208.009, RSM0, aliens unlawfully present in the United States shall not receive any state or local public benefit. Applicants are required to show proof of citizenship, permanent residence, or lawful presence when applying for the benefit with the exception of state grants, and scholarships, for which proof must be provided before receipt of the benefit. This act removes postsecondary education, state grants, and scholarships from the definition of "public benefit". Subsequently, all requirements relating to postsecondary education are removed from this section. These provisions contain an emergency clause. These provisions are identical to provisions contained in HCS/HB 390 (2009) and HCS/SS/SB 291 (2009). (Sections 172.360, 173.1110, 174.130, 175.025, 178.635, 178.780178.785, 208.009) USE OF FALSE OR MISLEADING DEGREES: This act prohibits a person from using or attempting to use a false or misleading degree, as described in the act, in connection with admission to an institution of higher education, or in connection with any business, employment, occupation, profession, trade, or public office. A violation of this act is a Class C misdemeanor. This section is identical to SB 182 (2009) and a provision contained in HCS/SS/SB 291 (2009) and SS/SCS/HCS/HB 62 (2009). (Section 173.754) QUALITY RATING SYSTEM FOR CHILDCARE FACILITIES: This act requires the Department of Social Services in collaboration with the Departments of Health and Senior Services, Elementary and Secondary Education, and Mental Health to develop by September 1, 2009, a quality rating system for early childhood and before-and after-school programs licensed by the Department of Health and Senior Services that operate in this state. The licensing of such facilities shall be the baseline, while the highest rating includes accreditation. The departments shall utilize the model from the existing Missouri quality rating system pilots developed by the University of Missouri Center for Family Policy and Research to establish the system. The system will allow consumers and parents to evaluate and select high quality programs and creates a system of accountability for policymakers and those who fund such programs. By July 1, 2014, subject to appropriations, all licensed facilities receiving direct moneys or services must be rated under the system. The program shall be voluntary for other licensed facilities. The Coordinating Board of Early Childhood shall develop a plan for a tiered system of reimbursement for child care subsidies based on the quality rating system established under this act. The proposed plan shall be submitted to the General Assembly with recommendations for implementation of the reimbursement system by December 31, 2010. The plan shall only become effective upon passage of a concurrent resolution by the General Assembly authorizing the implementation of the plan. The Quality Rating System Program Improvement Fund is established and administered by the Department of Social Services to provide grants to licensed providers to make quality improvements to comply with the rating system or to community-based organizations assisting providers with such improvements. The funds shall be administered by the department through contracts with non-governmental organizations, which will provide the quality improvement services of training and technical assistance directly to programs statewide and establish a quality improvement panel to review grant applications and determine funding. Grants must be awarded in a geographically diverse manner. The Department of Social Services in collaboration with the Departments of Health and Senior Services, and Elementary and Secondary Education, and Mental Health shall be responsible for promoting and distributing materials to educate the public and providers about the quality rating system established under this act. By January 1, 2014, the ratings of the quality rating system shall be posted on the Missouri Child Care Resource and Referral Network web site. This provision shall sunset in six years. These provisions are identical to provisions contained in HCS/SS/SB 291 (2009) and are similar to SS/SCS/SB 726 (2008) and SB 161 (2007). (SECTION 210.205) MICHAEL RUFF