HB 2097 - Washington, Barbara
Creates, repeals, and modifies provisions relating to education
Bill Details
Sponsor
LR Number
5237S.06F
Title
SS HCS HBs 2097 & 1905
House Handler
Journal Page
N/A
Effective Date
Varies
Current Status
H Calendar House Bills with Senate Amendments (SS, as amended) (In Fiscal Review)
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Amendments
CURRENT BILL SUMMARY
SS/HCS/HBs 2097 & 1905 - This act creates, repeals, and modifies provisions relating to education.
HIGHER EDUCATION
(Sections 23.295, 160.575, 167.910, 173.236, 173.2565, 173.2566, 173.2570, 173.2571, 173.2572, 178.550, 178.585, 186.019, 288.040, and 620.010).
Under this act, several references to the Department of Economic Development now reference the Department of Higher Education and Workforce Development (DHEWD). (Sections 23.295, 160.575, 173.2565, 173.2566, 173.2570, 173.2571, 173.2572, 178.550, 178.585, 186.019, and 288.040).
The act repeals the creation of the Division of Workforce Development within the Department of Economic Development, as well as repealing the transfer of certain duties to such Division. (Section 620.010)
Additionally, the act repeals provisions pertaining to the following:
- The Career Readiness Course Task Force: repeals a dually enacted provision regarding a task force that has dissolved (Section 167.910); and
- The Vietnam Veterans Survivors Grant: repeals an expired grant (Section 173.236).
These provisions are identical to HB 1628 (2026) and are similar to provisions in SS/SCS/SB 890 (2026), HCS/SS/SB 889 (2026), SB 128 (2025), HCS/HB 606 (2025), SB 1217 (2024), SB 1371 (2024), HB 2650 (2024), SB 580 (2023), and SB 1195 (2022).
EARLY CHILDHOOD EDUCATION TAXES
(Section 67.5420)
The act requires the proceeds of any tax imposed in St. Louis City for the purposes of improving the quality, affordability, and access to early childhood development programs for children aged five years and younger to be deposited into the city Early Childhood Education and Child Care Fund. The administrative control and management of such funds shall be by the board of directors responsible for the administration of the city Community Children's Services Fund.
The board of directors shall use or disburse the funds in the Early Childhood Education and Child Care Fund to provide and administer programs improving the quality, affordability, and access to early childhood development and child care programs for children aged five years and younger. The funds may be used for early childhood education services provided by early childhood education service providers and child care providers. The board may contract with any provider and may place conditions on the use of such funds. The board shall reserve the right to audit the expenditure of any and all funds, and may establish eligibility standards for the receipt and use of such funds. All funds shall be expended in a priority order established in the act. The board shall only provide funding to providers who serve children residing in the city.
This provision is similar to SB 1662 (2026), HCS/HB 2379 (2026), HB 3149 (2026), SB 20 (2025), SB 1447 (2024), HB 373 (2023), and a provision in SS#2/SCS/SB 1029 (2026).
MISSOURI EMPOWERMENT SCHOLARSHIP ACCOUNTS PROGRAM
(Sections 135.713, 135.714, 135.715, 135.716, 135.719, 166.700, 166.705, 166.710, 166.715, and B);
This act transfers oversight of the Missouri Empowerment Scholarship Accounts Program from the State Treasurer's Office to the Department of Elementary and Secondary Education (DESE). The act also repeals the creation of the Missouri Empowerment Scholarship Accounts Board, an oversight body that currently includes the State Treasurer as chair. (Sections 135.713, 135.714, 135.715, 135.716, 135.719, 166.705, 166.710, 166.715, and B)
The act requires the State Auditor, rather than "an auditor", to conduct annual audits of educational assistance organizations (EAOs') financial statements. The State Auditor, rather than the State Treasurer, is further required to conduct annual audits of empowerment scholarship accounts. (Sections 135.714 and 166.710)
The act prohibits DESE from marketing the program except as strictly necessary for the routine administration of the program. The act repeals provisions authorizing EAOs and DESE to use qualifying contributions for marketing expenses. (Sections 135.714, 135.715, and 135.716)
The act modifies the definition of a "qualified student" under the program by adding language regarding disability and dyslexia diagnoses to requirements concerning individualized education plans. (Section 166.700)
This provision is similar to a provision in SCS/SB 998 (2026). (Section 166.700)
These provisions have a delayed effective date of July 1, 2027. (Section B)
CAREER AND TECHNICAL STUDENT ORGANIZATIONS
(Section 161.106)
Currently, DESE is required to provide staffing support to certain specified career and technical student organizations (CTSOs) for statewide coordination of activities that are an integral part of the curriculum. Subject to appropriation, this act authorizes DESE to provide staffing support to any other CTSO that meets criteria defined by DESE. Any CTSO receiving such staffing support shall be an agency of the state for purposes of the State Legal Expense Fund and provisions relating to state-controlled motor vehicles.
NEPOTISM ON SCHOOL BOARDS
(Section 162.261)
The act provides that any school board member of a seven-director, urban, or metropolitan school district who willfully and intentionally awards a contract for goods or services to any relative within the third degree, by consanguinity or affinity, may be subject to a fine of $5,000 or ouster from office. The Attorney General or prosecuting or circuit attorney may bring a cause of action with a court with proper jurisdiction to enforce this provision.
TESTING OF GIFTED STUDENTS
(Section 162.720)
Beginning in the 2027-28 school year, this act requires school districts to conduct universal screenings of all students at least once before 3rd grade for the purpose of identifying gifted students. These screenings shall use valid, reliable, and current testing methods; provide a body of evidence from at least two distinct areas such as general mental ability, academic achievement, creativity, reasoning, problem solving, or various forms of referral; and be reviewed by personnel trained in gifted education or assessment. A child's failure to satisfy the gifted criteria of a single assessment shall not preclude further evaluation or consideration.
Additionally, beginning in the 2026-27 school year, each school district shall adopt a board-approved policy that establishes procedures for universal screening of students for gifted program selection and that notifies parents of the screening process annually. A school district's criteria for identifying gifted students shall be guided by recommendations from the Advisory Council on the Education of Gifted and Talented Children established in current law.
This provision is identical to SB 1600 (2026), SB 1628 (2026), and HCS/HB 1757 (2026), and is similar to HB 2704 (2026).
HIGHER EDUCATION GOVERNING BODIES
(Sections 174.300, 174.332, 174.450, 174.453, 174.610, 175.020, and 178.632)
Under this act, no more than half of the governing body members of the following institutions of higher education shall reside in the county in which the institution's principal administrative office is located:
- Harris Stowe State University, Saint Louis City (Section 174.300);
- Northwest Missouri State University, Nodaway County (Section 174.332);
- Missouri Southern State University, Jasper County (Sections 174.450 and 174.453);
- University of Central Missouri, Johnson County (Section 174.450);
- Southeast Missouri State University, Cape Girardeau County (Section 174.453);
- Truman State University, Adair County (Section 174.610);
- Lincoln University, Cole County (Section 175.020); and
- State Technical College of Missouri, Osage County (Section 178.632).
The act repeals other geographical restrictions on the makeup of such governing bodies.
The act also modifies the governing body of Missouri State University. Currently, at least one but no more than two voting members of the governing board of Missouri State University shall be appointed from each congressional district. Under this act, no fewer than seven members shall be residents of different congressional districts, and no more than one member shall be appointed from any one congressional district. Two members shall be appointed at-large and shall not be required to reside in a congressional district not otherwise represented on the board.
These provisions are identical to provisions in SCS/HB 2896 (2026) and are similar to SB 989 (2026).
AGRICULTURAL EDUCATION
(Section 178.530)
This act ends the current pilot program for agricultural education in elementary schools and authorizes the Department of Elementary and Secondary Education (DESE) to establish an ongoing agricultural education program beginning in the 2027-28 school year. DESE shall develop a process for public elementary schools to participate in such program, and the local school board for each participating school shall fully fund the program and may employ an agricultural education teacher. DESE shall collaborate with Missouri agricultural commodity groups to establish instructional models for the program, as provided in the act. DESE shall evaluate the success and impact of the agricultural education program and report the results of such evaluation on the DESE website. Provisions of state law requiring the State Board of Education to form a work group to develop academic performance standards shall not apply to the provisions of this act.
This provision is identical to SS/SCS/SB 1383 (2026) and to a provision in SS/SCS/HB 2896 (2026).
CAREER AND TECHNICAL EDUCATION ADVISORY COUNCIL
(Section 178.550)
The act adds the Commissioner of Higher Education to the Career and Technical Education Advisory Council. The act requires the Commissioner of Education to collaborate with appropriate stakeholders in the appointment of members. Additionally, the act requires the appointment of four individuals from business and commerce, rather than one individual from the business community with a background in commerce. The act specifies that a current or retired teacher who serves or has served as an advisor to "HOSA-Future Health Professionals (HOSA)", rather than "Health Occupations Students of America (HOSA)", may be appointed. The act further adds a student-services representative, such as a school counselor or career resource educator, to the list of individuals required to be appointed. The terms of advisory council members are modified from five years with staggered terms to three years and no more than two terms. All of the nonvoting ex officio members shall be employees of the Department of Elementary and Secondary Education selected by the Commissioner of Education, rather than individuals specified in current law. The advisory council shall meet at least twice, rather than four times, annually. Any business to come before the advisory council shall be available on the council's website as required under the Missouri Sunshine Law, rather than at least seven business days prior to the start of each meeting. The act repeals language requiring materials prepared for members to be delivered at least five days prior to the meeting. The act further repeals requirements for the advisory council to make an annual written report and recommendations to the State Board of Education and Commissioner of Education.
This provision is identical to HB 1627 (2026).
RESIDENTIAL CAMPS
(Section 210.1700)
The act provides that each adult staff member or volunteer at a residential camp, defined as a program including the hours from 9:00 p.m. to 6:00 a.m. for two or more sequential overnights, shall be subject to a criminal background check prior to employment or volunteer service. The background check shall include a search of the National Crime Information Center's National Sex Offender Registry and a search of certain data sources in Missouri and in each state where the staff member or volunteer has resided during the preceding five years, as provided in the act. A person shall be ineligible for employment or volunteer service at a residential camp if the person is registered, or required to be registered, on a state sex offender registry or repository or has pled guilty or nolo contendere to or been found guilty of certain offenses specified in the act.
This act also contains a repeal of this provision as truly agreed to and finally passed in CCS/SS/SB 1421 (2026).
This provision is identical to a provision in SS/SCS/HCS/HB 1696 (2026).
PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES
(Section 1)
Under this act, no student shall be declared ineligible to participate in interscholastic activities or competitions solely as a result of school district consolidation or closing a school under school district consolidation laws. A student who is required to attend a different district, school, or attendance center as a consequence of such consolidation shall be deemed not to have transferred for eligibility purposes under any applicable rules governing participation in interscholastic activities or competitions, regardless of the school to which the student transfers in the year of consolidation or the following year. A school district shall not be a member of, or remit any funds to, an activities association that would cause such school district to violate this act.
MISSOURI TAXPAYER DEBT RELIEF AND SCHOOL FACILITIES ACT
(Section 2)
This act creates the "Missouri Taxpayer Debt Relief and School Facilities Act", the "Commission on Academic Facilities", and a corresponding fund in the state treasury for purposes of providing state financial support for public school academic facility projects currently funded by local property taxpayers. State financial participation in such projects shall be reserved only for academic facilities where students receive instruction, such as classrooms and libraries, excluding administration buildings, bus barns, maintenance facilities, and athletic facilities, as provided in the act.
Members of the commission shall include the Commissioner of Education, two members appointed by the Governor, one member appointed by the President Pro Tempore of the Missouri Senate, one member appointed by the Senate minority leader, and two members appointed by the Speaker of the House of Representatives, not more than one of whom from the same political party. All members of the commission shall have demonstrated experience in public school administration, school facility planning or construction, or public finance. The act outlines certain duties of the commission, including the adoption of rules establishing application procedures, project evaluation criteria, facility standards, audit requirements, and a methodology for state and local cost sharing, along with other duties specified in the act.
The commission shall establish, by rule, a methodology for determining the relative fiscal capacity of each school district to provide local resources for academic facilities projects and the respective state and local shares of eligible projects. The act specifies certain measures of district fiscal capacity that shall be considered, such as assessed valuation, property wealth per pupil, income levels, operating levies, debt service obligations, and other indicators of the ability to raise local capital. Districts with lower fiscal capacity and higher operating levies shall generally qualify for higher effective state support than districts with higher fiscal capacity and lower operating levies. The commission shall establish minimum and maximum state participation percentages for eligible project costs and may differentiate such percentages among project categories.
A school district may apply to the commission for state financial participation in an academic facilities project only if the district satisfies certain criteria. Such criteria include a requirement that the district shall have adopted a long range facilities plan in a form approved by the commission, and the proposed project shall be consistent with such plan and with applicable facility standards to be established by the commission. Additionally, the school district shall have a current operating levy for school purposes at or above the performance levy, as such terms are defined in current law, unless the district's operating levy was at or above the performance levy at any point during the previous four years but was reduced due to a constitutionally mandated rollback.
The act establishes a priority order for the awarding of state financial participation in each funding cycle. First order priority shall be given to projects addressing substantial and imminent dangers to health and safety. Second order priority shall be given to projects that create substantial and demonstrable efficiencies in the ongoing operating costs of a school district. Third order priority shall be given to projects that remedy significant facility condition deficiencies. Fourth order priority shall be given to projects that provide additional capacity to accommodate enrollment growth or eliminate excessive reliance on temporary classrooms.
The commission shall further prioritize projects by considering certain factors to be included within and among the funding priority categories. These factors include the severity of facility need and educational impact; the district's fiscal capacity, so that districts with lower fiscal capacity receive higher effective state support; the district's operating levy, so that districts with higher levies receive higher effective state support to help reduce increases in property taxes; the extent to which the district is already relying on local funding effort, prioritizing districts that receive less than half of their total revenue from state sources; the availability or lack of local bonding capacity for facilities purposes; the degree of local matching commitment associated with the project; and the prudent and resourceful expenditure of state funds, as provided in the act.
No project shall receive state financial participation unless the district demonstrates a good faith matching commitment, as determined by the commission.
The commission shall give favorable consideration to projects accompanied by a plan, approved by the district's governing board, that uses state participation to offset or reduce the amount of new local debt that would otherwise be required for the project or allows for a reduction in future debt service levies or avoidance of levy increases that would otherwise be needed.
The commission shall not require a district that is otherwise eligible for state financial participation to increase local tax rates as a condition of receiving state financial participation. The commission shall ensure that state funds are allocated in a manner that reasonably balances a preference for districts demonstrating strong local effort; a consideration for districts with limited remaining bonding capacity; and the goal of mitigating, where practicable, the long term property tax burden associated with necessary facility improvements.
A district receiving state financial participation shall comply with all applicable procurement, construction, and reporting requirements and shall complete the project substantially as described in the district's approved application. The commission may withhold, suspend, or require repayment of state funds if a district materially violates the requirements of this act, promulgated rules under the act, or the terms of the district's approved project.
This provision is identical to a provision in SS/SCS/SBs 1410 & 853 (2026).
SEVERABILITY
(Section C)
This act contains a severability clause.
OLIVIA SHANNON
SA#1 - MODIFIES PROVISIONS RELATING TO THE MISSOURI EMPOWERMENT SCHOLARSHIP ACCOUNTS PROGRAM
SA#2 - PROVIDES THAT A MUNICIPAL ORDINANCE SHALL NOT PROHIBIT THE GROWTH OF HELIANTHUS ANNUS FOR EDUCATIONAL OR HOME USE
SA#4 - REPEALS SUNSET ON WORKFORCE DIPLOMA PROGRAM
SA#5 - ADDS A PROVISION RELATING TO THE MISSOURI HIGHER EDUCATION LOAN AUTHORITY