GROSS AND EVANS.
Read 1st time January 6, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 160, RSMo, relating to miscellaneous educational provisions, by adding thereto six new sections relating to the pilot project scholarship program.
Section A. Chapter 160, RSMo, is amended by adding thereto six new sections, to be known as sections 160.600, 160.605, 160.610, 160.615, 160.620 and 160.625, to read as follows:
160.600. As used in sections 160.600 to 160.625, the following terms mean:
(1) "Alternative nongovernment school", a registered private school located in a school district or a public school located in an adjacent school district;
(2) "Department", the department of elementary and secondary education;
(3) "Low-income family", a family whose income is below three hundred percent of poverty;
(4) "Mainstreamed handicapped student", a handicapped child who has an individualized education program providing for the student to spend more than half of each school day in a regular school setting with nonhandicapped students;
(5) "Pilot project school district" or "district", any school district included in the pilot project scholarship program pursuant to sections 160.600 to 160.625;
(6) "Registered private school", a school registered with the department. No registered private school shall be required to change its academic requirements for any student selected for a scholarship pursuant to sections 160.600 to 160.625 nor shall any such school be required to remove any religious artifacts or scriptures in order to receive such funds;
(7) "Separately educated handicapped student", a handicapped child who has an individualized education program providing for the student to spend at least half of each school day in a class or setting separated from nonhandicapped students.
160.605. 1. The department shall establish a pilot project challenge scholarship program and shall include in such program any school districts that are or have ever been under federal court order requiring desegregation of the district. The program shall provide for a number of students residing in any such district to receive challenge scholarships to attend alternative nongovernment schools, and for an equal number of students to receive tutorial assistance grants while attending public school in any such district.
2. The department shall establish an application process and deadline for accepting applications from students residing in the district to participate in the challenge scholarship program. In the initial year of the program students may only use a scholarship to attend school in grades kindergarten through twelve.
3. The department shall award as many challenge scholarships and tutorial assistance grants as can be funded given the amount appropriated or otherwise provided for the program. In no case, however, shall more than fifty percent of all challenge scholarships awarded be used by students who were enrolled in a nonpublic school during the school year of application for a challenge scholarship.
4. The pilot project program shall continue in effect each year that the general assembly has appropriated sufficient money to fund challenge scholarships and tutorial assistance grants. In each year the program continues, no new students may receive challenge scholarships unless they are enrolled in grade kindergarten to twelve; provided that, any student who received a challenge scholarship in the preceding year may continue to receive one until the student has completed grade twelve.
5. If the general assembly discontinues the challenge scholarship program, all students who are attending an alternative nongovernment school pursuant to the pilot project shall be entitled to continued admittance to that specific school through all grades up to the twelfth grade that are provided in such school, pursuant to the rules of such school and under the same conditions as when they were participating in the pilot project. The department shall continue to make scholarship payments pursuant to sections 160.600 to 160.625 for students who remain enrolled in an alternative nongovernment school pursuant to this subsection in any year that funds have been appropriated for this purpose.
6. If funds are not appropriated, the tuition charged to the parents of a student who remains enrolled in an alternative nongovernment school pursuant to subsection 5 of this section shall not be increased beyond the amount equal to the amount of the scholarship plus any additional amount charged that student's parent in the most recent year of attendance as a participant in the pilot project, except that tuition for all the students enrolled in such school may be increased by the same percentage.
7. If the pilot project school district experiences a decrease in enrollment due to participation in a state-sponsored scholarship program pursuant to sections 160.600 to 160.625, the district board of education may enter into an agreement with any teacher it employs to provide to that teacher severance pay or early retirement incentives, or both, if the teacher agrees to terminate the employment contract with the district board, provided that any collective bargaining agreement in force does not prohibit such an agreement for termination of a teacher's employment contract.
8. The department shall make a grant to the pilot project school district sufficient to defray one hundred percent of the additional costs to the district of providing transportation to and from the alternative nongovernment school for all students utilizing a challenge scholarship to attend an alternative nongovernment school. If for any reason, a qualified private school is not available, or if the parent or guardian chooses to enroll the student in the qualified public school rather than the qualified private school, the qualified public school shall be responsible for transportation costs, and such district may use categorical state school choice transportation funds for that purpose.
160.610. 1. No private school may receive challenge scholarship payments from parents pursuant to sections 160.600 to 160.625 until the chief administrator of the private school registers the school with the department. The department shall register any school that meets the following requirements:
(1) The school is located within the boundaries of the pilot project school district;
(2) The school indicates in writing its commitment to follow all requirements for a state-sponsored challenge scholarship program specified pursuant to sections 160.600 to 160.625 including, but not limited to, the requirements for admitting students;
(3) The school meets all state minimum standards for chartered nonpublic schools in effect on July 1, 2000, except that the department may register nonchartered nonpublic schools meeting the other requirements of this subsection;
(4) The school does not discriminate on the basis of race, religion or ethnic background;
(5) The school enrolls a minimum of ten students per class or a sum of at least twenty-five students in all the classes offered;
(6) The school does not advocate or foster unlawful behavior or teach hatred of any person or group on the basis of race, ethnicity, national origin or religion;
(7) The school does not provide false or misleading information about the school to parents, students or the general public;
(8) The school agrees not to charge any tuition to low-income families participating in the scholarship program in excess of ten percent of the challenge scholarship amount established pursuant to sections 160.600 to 160.625. The school shall permit any such tuition, at the discretion of the parent, to be satisfied by the low-income family's provision of in-kind contributions or services.
2. The department shall revoke the registration of any school if, after a hearing, the department determines that the school is in violation of any of the provisions of subsection 1 of this section.
3. Any public school located in a school district adjacent to the pilot project district may receive challenge scholarship payments on behalf of parents pursuant to sections 160.600 to 160.625 if the superintendent of the district in which such public school is located notifies the department before the first day of March that the district intends to admit students from the pilot project district for the ensuing school year pursuant to sections 160.600 to 160.625.
4. Any parent wishing to purchase tutorial assistance from any person or governmental entity pursuant to the pilot project program pursuant to sections 160.600 to 160.625 shall apply to the department. The department shall approve providers who appear to possess the capability of furnishing the instructional services they are offering to provide.
160.615. 1. Each registered private school shall admit students to kindergarten through grade twelve pursuant to the following priorities:
(1) Students who were enrolled in the school during the preceding year;
(2) Siblings of students enrolled in the school during the preceding year, at the discretion of the school;
(3) Children from low-income families attending school or residing in the school district in which the school is located until the number of such students in each grade equals the number that constituted twenty percent of the total number of students enrolled in the school during the preceding year in such grade. Admission of such twenty percent shall be by lot from among all low-income family applicants who apply prior to the fifteenth day of February prior to admission;
(4) Children residing anywhere whose parents are affiliated with any organization that provides financial support to the school, at the discretion of the school;
(5) All other applicants residing anywhere, provided that all remaining available spaces shall be filled from among such applicants by lot.
2. Children from low-income families not selected by lot pursuant to subdivision (3) of subsection 1 of this section shall be included in the lottery of all remaining applicants pursuant to subdivision (5) of subsection 1 of this section.
3. Each registered private school shall first admit to grades four through eight students who were enrolled in the school during the preceding year. Any remaining spaces for students in these grades may be filled as determined by the school.
4. Notwithstanding subsection 1 of this section, except where otherwise prohibited by federal law, a registered private school may elect to admit student of only one gender and may deny admission to any separately educated handicapped student.
5. Any student participating in a challenge scholarship program shall remain in attendance at the school where registered throughout the school year, unless excused by the school for illness or other good cause, and shall comply with school conduct policy.
6. If a challenge scholarship student who has been accepted in accordance with this section fails to enroll in the school for any reason or withdraws from the school during the school year for any reason, the school may elect to replace such student with another challenge scholarship student only by first offering the admission to any low-income scholarship student who filed applications by the preceding fifteenth day of February and who were not accepted at that time due to space limitations.
160.620. 1. Annually by the first day of November, the department shall notify the pilot project school district of the number of initial challenge scholarships that the department will be awarding in each of grades kindergarten through twelve.
2. The department shall provide information about the challenge scholarship program to all students residing in the district, shall accept applications from any such student until such date as shall be established by the department as a deadline for applications, and shall establish criteria for the selection of students to receive scholarships from among all those applying prior to the deadline, which criteria shall give preference to students from low-income families. For each student selected, the department shall also determine whether the student qualifies for seventy-five or ninety percent of the scholarship amount. Students whose family income is at or above three hundred percent of the maximum income level established by the department for low-income families shall qualify for seventy-five percent of the scholarship amount and students whose family income is below three hundred percent of that maximum income level shall qualify for ninety percent of the scholarship amount. The state superintendent shall notify students of their selection prior to the fifteenth day of January and whether they qualify for seventy-five or ninety percent of the scholarship amount.
3. A student receiving a pilot project challenge scholarship may utilize it at an alternative nongovernment public school by notifying the district superintendent, at any time before the beginning of the school year, of the name of the public school in an adjacent school district to which the student has been accepted pursuant to sections 160.600 to 160.625. The accepting adjacent district shall count such student for district funding purposes.
4. A student may decide to utilize a pilot project challenge scholarship at a registered private school in the district if all of the following conditions are met:
(1) By the fifteenth day of February of the preceding school year, or at any time prior to the start of the school year, the parent makes an application on behalf of the student to a registered private school;
(2) The registered private school notifies the parent and the department as follows that the student has been admitted:
(a) By the fifteenth day of March of the preceding school year if the student filed an application by the fifteenth day of February and was admitted by the school;
(b) Within one week of the decision to admit the student if the student is admitted pursuant to subdivision (3) of subsection 1 of section 160.615.
(3) The student actually enrolls in the registered private school to which the student was first admitted or in another registered private school in the district or in a public school in an adjacent school district.
5. The department shall also award in any school year tutorial assistance grants to a number of students equal to the number of students who receive challenge scholarships pursuant to subsections 1 to 4 of this section. Tutorial assistance grants shall be awarded solely to students who are enrolled in the public schools of the district in a grade level covered by the pilot project. Tutorial assistance grants shall be used solely to obtain tutorial assistance from a provider approved pursuant to sections 160.600 to 160.625.
6. All students wishing to obtain tutorial assistance grants shall make application to the department by the first day of the school year in which the assistance shall be used. The department shall award assistance grants pursuant to criteria the superintendent shall establish. For each student awarded a grant, the department shall also determine whether the student qualifies for seventy-five or ninety percent of the grant amount and so notify the student. Students whose family income is at or above three hundred percent of the maximum income level established by the department for low-income families shall qualify for seventy-five percent of the grant amount and students whose family income is below three hundred percent of that maximum income level shall qualify for ninety percent of the grant amount.
7. In the case of basic scholarships, the scholarship amount shall not exceed the lesser of the tuition charges of the alternative nongovernment school the scholarship recipient attends or an amount established by the department not in excess of twenty-five hundred dollars.
8. The department shall provide for an increase in the basic scholarship amount in the case of any student who is a mainstreamed handicapped student and shall further increase such amount in the case of any separately educated handicapped child. Such increases shall take into account the instruction, related services, and transportation costs of educating such students.
9. In the case of tutorial assistance grants, the grant amount shall not exceed the lesser of the provider's actual charges for such assistance or a percentage established by the department, not to exceed twenty percent, of the amount of the pilot project school district's average basic scholarship amount.
10. No challenge scholarship or tutorial assistance grant shall be awarded unless the department determines that twenty-five or ten percent, as applicable, of the amount specified for such scholarship or grant pursuant to subsections 7 to 9 of this section will be furnished by a political subdivision, a private nonprofit or for profit entity, or another person. Only seventy-five or ninety percent of such amounts, as applicable, shall be paid from state funds pursuant to sections 160.600 to 160.625.
11. Annually by the first day of November, the department shall estimate the maximum per pupil challenge scholarship amounts for the ensuing school year. The department shall make this estimate available to the general public at the offices of the district board of education together with the forms required in subsection 12 of this section.
12. Annually by the fifteenth day of January, the chief administrator of each registered private school located in the pilot project district and the principal of each public school in such district shall complete a parental information form and forward it to the president of the board of education. The parental information form shall be prescribed by the department and shall provide information about the grade levels offered, the number of students, tuition amounts, proficiency examination results, and any sectarian or other organizational affiliations.
160.625. 1. Each challenge scholarship or grant to be used for payments to a registered private school or to an approved tutorial assistance provider is payable to the parents of the student entitled to the scholarship or grant. Each challenge scholarship to be used for payments to a public school in an adjacent school district is payable to the school district of attendance by the superintendent of public instruction.
2. By the fifteenth day of each month of the school year that any challenge scholarship students are enrolled in a registered private school, the chief administrator of that school shall notify the state superintendent of:
(1) The number of students who were reported to the school district as having been admitted by that private school pursuant to subsection 4 of section 160.620 and who were still enrolled in the private school as of the first day of such month, and the numbers of such students who qualify for seventy-five and ninety percent of the challenge scholarship amount;
(2) The number of students who were reported to the school district as having been admitted by another private school pursuant to subsection 4 of section 160.620 and since the date of admission have transferred to the school providing the notification pursuant to subdivision (1) of this subsection, and the numbers of such students who qualify for seventy-five and ninety percent of the scholarship amount.
3. From time to time, the department shall make a payment to the parent of each student entitled to a challenge scholarship. Each payment shall include for each student reported in subdivision (1) of subsection 2 of this section, a portion of seventy-five or ninety percent, as applicable, of the scholarship amount. This amount shall be proportionately reduced in the case of any such student who is not enrolled in a registered private school for the entire school year.
4. The first payment pursuant to this section shall be made by the last day of November and shall equal one-third of seventy-five or ninety percent, as applicable, of the estimated total amount that will be due to the parent for the school year pursuant to subdivision (2) of subsection 2 of this section.
5. The department, on behalf of the parents of a challenge scholarship student enrolled in a public school in an adjacent school district pursuant to sections 160.600 to 160.625, shall make the tuition payments required to the school district admitting the student, except that, the total payments in any school year shall not exceed seventy-five or ninety percent, as applicable, of the challenge scholarship amount provided.
6. Whenever an approved provider provides tutorial assistance to a student, the department shall pay the parent
for such costs upon receipt of a statement from the parent specifying the services provided and the costs of the
services, which statement shall be signed by the provider. The total payments to any parent pursuant to this
section for all provider services to any individual student in any school year shall not exceed seventy-five or ninety
percent, as applicable, of the scholarship amount provided.
Missouri House of Representatives