FIRST REGULAR SESSION

HOUSE BILL NO. 1064

90TH GENERAL ASSEMBLY

Read 1^st time April 27, 1999, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

L2222.02I

AN ACT

Relating to the outstanding public schools accountability act.

Section 1. 1. The provisions of this section shall be known and may be cited as the "Outstanding Public Schools Accountability Act".

2. For the purposes of this section, the following terms mean:

(1) "Private school", includes parochial schools;

(2) "Receiving public school district", includes charter schools.

3. Beginning with school year 2001-02, school districts shall have a proficiency rate on the communication arts and mathematics assessments of at least seventy-five percent of their students at each grade level at which the assessment is given or, effective January first following the announcement of the previous school year's assessment results, the students who reside in the district shall be permitted to attend the school of their choice in another district contiguous to the sending district or the nearest district that is not academically insufficient or any private school within forty miles of the student's district of residence. Such school shall be chosen by the student. Such districts will be termed "academically insufficient" during the period of time their students are liberated from mandatory attendance at district schools.

4. The proficiency rate for school year 2001-02 shall be determined on a three-year average based on results from the three preceding school years. If the three-year average of seventy-five percent is not met, the standard may be satisfied if the two preceding years averaged seventy-five percent or if the immediately preceding year's average was eighty-five percent. The proficiency rate for school year 2002-03 shall be determined in the same manner.

5. The target level for school year 2003-04 shall be eighty percent. For school year 2005-06 the level shall be eighty-five percent. For school year 2007-08 the level shall be ninety percent. For school year 2009-10 the level shall be ninety-five percent. During the years of the upward moving target levels, in the first year of a new target the target level shall be satisfied if the average of the next previous year's results and the current year's results meets the average of the previous target level and the new target level. The second year of the raised target level, the target level shall be satisfied if the average of the next previous year's results and the current year's results hit the target level or if the current year's results hit the target level. Beginning with school year 2010-11, the method of determining the academic insufficiency will be the district's last reported communications arts and mathematics score.

6. An academically insufficient district shall achieve an average of the target level of proficiency in both subject areas for three consecutive years in order to regain mandatory district attendance for its students.

7. Students who are receiving special education services pursuant to sections 162.670 to 162.999, RSMo, whose disabilities cannot be accommodated for purposes of the assessment program or who do not qualify for the alternative version of the assessment tests shall not be counted in the district's percentage.

8. A receiving public school district may refuse to take a student on the basis of school capacity. A school district having one or more resident pupils attending a public school in a neighboring district shall pay to the receiving public school an annual amount equal to the product of the equalized, adjusted operating levy for school purposes for the pupils' district of residence for the current year times the guaranteed tax base per eligible pupil, as defined in section 163.011, RSMo, times the number of the district's resident pupils attending the school plus all other state aid attributable to such pupils, including summer school, if applicable, and all aid provided pursuant to section 163.031, RSMo. The district of residence of a pupil attending a receiving district school shall also pay to the school any other federal or state aid that the district receives on account of such child. Miscellaneous charges and fees normally paid for by students of the receiving public school district shall be the responsibility of the student.

9. A private school may refuse a student that does not meet its entrance requirements. A school district having one or more resident pupils attending a private school shall pay to the school an annual amount equal to the product of the equalized, adjusted operating levy for school purposes for the pupils' district of residence for the current year times the guaranteed tax base per eligible pupil, as defined in section 163.011, RSMo, times the number of the district's resident pupils attending the school plus all other state aid attributable to such pupils, including summer school, if applicable, and all aid provided pursuant to section 163.031, RSMo. The district of residence of a pupil attending a school of choice shall also pay to the school any other federal or state aid that the district receives on account of such child. The total funds sent to the receiving private school shall not exceed the school's stated tuition, except that identifiable funding relating to special education may be transferred to the private school to the extent that such funds, when added to other funds transferred on behalf of the pupil exceed the private school's tuition. The private school may require the parent to supply additional funds if the sending district's funding does not meet tuition.

10. No funds received by the private school pursuant to this section may be used for the direct or indirect support of religion in violation of the provisions of the state constitution, article I, section 7, which prohibits the use of public funds for the direct or indirect support of religion.

11. Students who are expelled from receiving schools shall return to the sending district and the receiving school shall have sufficient financial resources to guarantee that it can return a prorated share of funding to the sending district upon disciplinary expulsion of the pupil or if the pupil fails to meet the school's standards. Unless a student must change schools because of a change of residence, students who choose to exercise their option to attend another district or a private school may transfer only at the end of a semester.

12. All transfer of funds between the student's home public school district and the receiving public school district or private school shall be handled directly between the home district and the receiving district or receiving private school.

13. If the receiving school provides transportation, transportation funding from the home district shall be provided to the school not to exceed the amount per pupil that the home district spends on transportation. The receiving school district is not obligated to provide transportation beyond such district's boundaries.

Missouri House of Representatives