SECOND REGULAR SESSION
HOUSE BILL NO. 2059
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WILSON (130) (Sponsor), WILSON (119), MUNZLINGER, WALLACE, MOORE, BIVINS, JONES (89) AND STEVENSON (Co-sponsors).
Read 1st time February 7, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
To amend chapter 160, RSMo, by adding thereto nineteen new sections relating to professional relationships between teachers and public school districts, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 160, RSMo, is amended by adding thereto nineteen new sections, to be known as sections 160.1000, 160.1003, 160.1006, 160.1009, 160.1012, 160.1015, 160.1018, 160.1021, 160.1024, 160.1027, 160.1030, 160.1033, 160.1036, 160.1039, 160.1042, 160.1045, 160.1048, 160.1051, and 160.1054, to read as follows:
160.1000. 1. Sections 160.1000 to 160.1054 shall be known and may be cited as the "Professional Relationships Between Teachers and School Districts Act". Nothing in sections 160.1000 to 160.1054 shall be construed to permit any public school employee to engage in or support a strike, nor to prohibit any public school employee from joining or participating in any employee organization.
2. Sections 160.1000 to 160.1054 shall supersede sections 105.500 to 105.530, RSMo, to the extent it applies to public school employees, as defined in section 160.1003. Sections 160.1000 to 160.1054 shall not supersede provisions of this chapter, chapters 161 to 186, RSMo, chapter 295, RSMo, and the rules and regulations of public school employers which establish and regulate tenure or a merit or civil service system or which provide for other methods of administering employer-employee relations, so long as the rules and regulations or other methods of the public school employer do not conflict with sections 160.1000 to 160.1054 or with lawful collective agreements negotiated under sections 160.1000 to 160.1054.
160.1003. As used in sections 160.1000 to 160.1054, the following words and phrases shall mean:
(1) "Commission", the board of mediation created in chapter 295, RSMo;
(2) "Confidential employee", any employee who, in the regular course of his or her duties, has access to or possesses information relating to his or her employer's employer-employee relations;
(3) "Employee organization", any organization, agency, association, union, committee, council, or group of any kind, except an employee representation council, that includes employees of a public school employer and which has as one of its primary purposes representing those employees in their relations with that public school employer. "Employee organization" shall also include any person such an organization authorizes to act on its behalf;
(4) "Employee representation council" or "council", the council of employee organizations established for an appropriate unit as described in 160.1045 to meet and negotiate with the employer over terms and conditions of employment. "Employee representation council" shall also include any person such council authorizes to act on its behalf. All members of the employee representation council shall be certified employees of the school districts for which they are meeting and negotiating;
(5) "Good faith", using best endeavors to enter into an arrangement to set out a process for conducting the negotiating in an effective manner, considering and responding to proposals made by each party to the other, and not acting to undermine the negotiating process. It also requires cooperation in the negotiating process by scheduling and attending meetings at a reasonable time, listening and considering proposals made by the other side, and trying to resolve differences in an acceptable way;
(6) "Lockout", an action by a public school employer to provoke interruptions of or prevent the continuity of work normally and usually performed by school district employees for the purpose of coercing such employees, employee organizations, or the employee representation council that represents them into accepting the employer's terms of settlement of a labor dispute, or otherwise relinquishing rights guaranteed by sections 160.1000 to 160.1054;
(7) "Management employee", any employee in a position having significant responsibilities for formulating district policies or administering district programs, including any person who is employed in an administrative capacity and who is fulfilling duties for which an administrator's certificate is required under section 168.081, RSMo. Management positions shall be designated by the public school employer;
(8) "Meeting and negotiating", meeting, conferring, negotiating, and discussing between the employee representation council and the public school employer in a good faith effort to reach an agreement on matters within the scope of representation and the execution of a written document incorporating any agreements reached, which document shall, when accepted by the council and the public school employer, become binding upon all parties. The agreement may be for a period of up to, but not to exceed three years;
(9) "Public school employee" or "employee", any person holding a valid teaching certificate employed by any public school employer, except persons elected by popular vote, persons appointed by the governor of this state, management employees, supervisory employees, and confidential employees;
(10) "Public school employer" or "employer", the governing board of a public school district or a school district itself, including a common or seven-director school district, a metropolitan or urban school district, a county board of education, a county superintendent of schools, a special school district or cooperative, a community or junior college district, or a special administrative board established by the state board of education. "Public school employer" shall also include any person such an employer authorizes to act on its behalf;
(11) "Strike", the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in employment conditions, compensation, or the rights, privileges, or obligations of employment, or to protest or respond to an act alleged or determined to be a violation of sections 160.1000 to 160.1054 committed by the public school employer;
(12) "Supervisory employee", any employee, regardless of job description, having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, or discipline other employees, or the responsibility to assign work to and direct them, or to adjust their grievances, or effectively recommend such action, if, in connection with the foregoing functions, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
160.1006. In addition to other authority granted, the board of mediation, when dealing with public schools, shall also have the following authority:
(1) To participate in any case pending before the commission;
(2) Within its discretion, to conduct studies relating to employer-employee relations, including the collection, analysis, and making available of data relating to wages, benefits, and employment practices in public and private employment;
(3) To develop and maintain research and training programs, either through use of commission staff or by entering into contracts with independent contractors, to assist public school employers, employee representation councils, and employee organizations in the discharge of their responsibilities under sections 160.1000 to 160.1054;
(4) To adopt rules and regulations to carry out the provisions and effectuate the purposes and policies of sections 160.1000 to 160.1054;
(5) To hold hearings, subpoena witnesses, administer oaths, take the testimony or deposition of any person, and, in connection therewith, to issue subpoenas duces tecum to require the production and examination of any employer, employee representation council, or employee organization records, books, or papers relating to any matter within its jurisdiction, provided that such information shall remain confidential and not be disclosed by the commission;
(6) To investigate violations or alleged violations of sections 160.1000 to 160.1054, and take any action and make any determinations in respect of these charges or alleged violations as the commission deems necessary to effectuate the policies of sections 160.1000 to 160.1054;
(7) To bring an action in a court of competent jurisdiction to enforce any of its orders, decisions, or rulings, or to enforce the refusal to obey a subpoena. Upon issuance of a complaint charging that any person or party has engaged in or is engaging in a violation of sections 160.1000 to 160.1054, the commission may petition the court for appropriate temporary relief or restraining order;
(8) To delegate its powers to any member of the commission or to any person appointed by the commission for the performance of its functions, except that no fewer than three commission members may participate in the determination of any ruling or decision on the merits of any dispute coming before it, and except that a decision to refuse to issue a complaint shall require the approval of two commission members;
(9) To take any other action as the commission deems necessary to discharge its authority and duties and otherwise to effectuate the purposes of sections 160.1000 to 160.1054.
160.1009. Any person or party who willfully resists, prevents, impedes, or interferes with any member of the commission, or any of its agents in the performance of duties under sections 160.1000 to 160.1054 shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars.
160.1012. 1. The initial determination as to whether there are violations of sections 160.1000 to 160.1054 are justified, and if so, what remedy is necessary to effectuate the purposes of sections 160.1000 to 160.1054, shall be a matter within the exclusive jurisdiction of the commission. Procedures for investigating, hearing, and deciding such cases shall be devised and promulgated by the commission.
2. Any employee, employee organization, employee representation council, or employer shall have the right to file a charge of a violation of sections 160.1000 to 160.1054, except that the commission shall not do the following:
(1) Issue a complaint with respect of any charge based upon an alleged violation of sections 160.1000 to 160.1054 occurring more than six months prior to the filing of the charge;
(2) Issue a complaint against conduct also prohibited by the provisions of a negotiated agreement until the grievance machinery of the agreement, if it exists and covers the matter at issue, has been exhausted. However, when the charging party demonstrates that resort to a contractual grievance procedure would be futile, exhaustion shall not be necessary. The commission shall have discretionary jurisdiction to review the settlement award reached under the grievance machinery solely for the purpose of determining whether it is repugnant to the purposes of sections 160.1000 to 160.1054. If the commission finds that the settlement is repugnant to the purposes of sections 160.1000 to 160.1054, it shall issue a complaint on the basis of a timely filed charge, and hear and decide the case on the merits. Otherwise, it shall dismiss the charge. The commission shall, in determining whether the charge was timely filed, consider the six-month limitation set forth in this subsection to have been tolled during the time it took the charging party to exhaust the grievance machinery.
3. The commission shall not have the authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violations of any agreement that would not also constitute a violation of sections 160.1000 to 160.1054.
4. The commission shall have the power to issue a decision and order directing an offending party to cease and desist from violating sections 160.1000 to 160.1054 and to take such affirmative action, including but not limited to, the reinstatement of employees with or without back pay, as will effectuate the policies of sections 160.1000 to 160.1054.
5. (1) Any charging party, respondent, or intervener aggrieved by the final decision or order of the commission in a case of a violation of sections 160.1000 to 160.1054, except a decision of the commission not to issue a complaint in such a case, may petition for judicial review of such decision or order.
(2) Such petition shall be filed in the circuit court of the county where the school district is located. The petition shall be filed within thirty days after issuance of the commission's final order, order denying reconsideration, or order joining in the request for judicial review, as applicable. Upon the filing of such petition, the court shall cause notice to be served upon the commission and thereupon shall have jurisdiction of the proceeding. The commission shall file in the court the record of the proceeding, certified by the commission, within ten days after the clerk's notice unless such time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the commission such temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying, or setting aside the order of the commission. The findings of the commission with respect to questions of fact, including ultimate facts, if supported by competent and substantial evidence on the record considered as a whole, shall be conclusive.
(3) If the time to petition for extraordinary relief from a commission decision has expired, the commission shall seek enforcement of any final decision or order in a circuit court in the school district where the violation case occurred. The commission shall respond within ten days to any inquiry from a party to the action as to why the commission has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the commission's final decision or order, the commission shall seek enforcement of the final decision or order upon the request of the party. The commission shall file in the court the record of the proceeding, certified by the commission, and appropriate evidence disclosing the failure to comply with the decision or order. If, after a hearing, the court determines that the order was issued under procedures established by the commission and that the person or entity refuses to comply with the order, the court shall enforce such order by writ of mandamus. The court shall not review the merits of the order.
160.1015. 1. Public school employees shall have the right to form, join, and participate in the activities of any organization, agency, association, committee, union, or employee representation council for the purpose of representation on all matters of employer-employee relations under sections 160.1000 to 160.1054. Public school employees shall also have the right to refrain from any or all of such activities.
2. Any employee may at any time present grievances to his or her employer without the intervention of an employee representation council or employee organization.
3. Nothing in sections 160.1000 to 160.1054 shall be construed to limit, impair, or affect the right of a public school employee to the expression or communication of a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public school employment or their betterment as long as the expression or communication does not interfere with the full, faithful, and proper performance of the duties of employment.
160.1018. 1. Employee organizations shall have the right to represent their members in their professional and employment relations with public school employers. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership.
2. Employee organizations shall have access to use institutional facilities at reasonable times for the purpose of meetings concerning the exercise of rights guaranteed by sections 160.1000 to 160.1054.
3. All employee organizations shall have the right to have membership dues deducted under section 168.300, RSMo. In addition, any school district that grants payroll deduction for membership dues for one employee organization shall allow all employee organizations the opportunity to have membership dues deducted. The right to have dues deducted can be removed under subsection 2 of section 160.1042.
160.1021. 1. Employee representation councils shall have the right to represent employees in their appropriate unit in a school district in their professional and employment relations with public school employers.
2. Employee representation councils shall be allowed to communicate with members of the employee unit, subject to reasonable regulation, and the right to use institutional facilities at reasonable times for the purpose of meetings concerned with the exercise of the rights guaranteed by sections 160.1000 to 160.1054.
160.1024. A person serving in a management position, supervisory position, or a confidential position may represent himself or herself individually in his or her employment relationship with the public school employer. An employee representative council shall not be permitted by a public school employer to meet and negotiate on any benefit or compensation paid to persons serving in a management position, supervisory position, or a confidential position.
160.1027. 1. It shall be a violation of sections 160.1000 to 160.1054 and unlawful for a public school employer to do any of the following:
(1) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by sections 160.1000 to 160.1054. For purposes of this subdivision, "employee" shall include an applicant for employment or reemployment;
(2) Deny to employee organizations or employee representation councils' rights guaranteed to them by sections 160.1000 to 160.1054;
(3) Refuse or fail to meet and negotiate in good faith with employee representation councils;
(4) Dominate or interfere with the formation of employee representation councils.
2. It shall be a violation of sections 160.1000 to 160.1054 and unlawful for an employee organization to:
(1) Cause or attempt to cause a public school employer, an employee representation council, or another employee organization to violate any provisions of sections 160.1000 to 160.1054;
(2) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by sections 160.1000 to 160.1054;
(3) Refuse or fail to cooperate in good faith with an employee or another employee organization in carrying out the functions of an employee representation council.
3. It shall be a violation of sections 160.1000 to 160.1054 and unlawful for an employee representation council to:
(1) Cause or attempt to cause a public school employer, employee, or an employee organization to violate any provisions of sections 160.1000 to 160.1054;
(2) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by sections 160.1000 to 160.1054;
(3) Refuse or fail to meet and negotiate in good faith with the public school employer of any of the employees in the unit represented by the council.
160.1030. 1. (1) The duty to meet and negotiate in good faith requires the local board of education to publish and adopt a policy that establishes a time line for the parties to begin negotiations prior to the adoption of the final budget for the ensuing year sufficiently in advance of such adoption date so that there is adequate time for agreement to be reached.
(2) A public school employer shall, upon request, meet and negotiate regarding matters within the scope of representation with and only with an employee representation council that represents employees in their appropriate unit. A public school employer shall appoint at least one member of the board of education to participate in all meetings with the employee representation council.
2. (1) The scope of meeting and negotiating shall be limited to matters relating to wages, hours of employment, and other terms and conditions of employment. "Terms and conditions of employment" mean grievance procedures, insurance, fringe benefits, leave, and payroll deductions. Nothing herein shall prohibit the parties from mutually agreeing to discuss other terms and conditions of employment, provided however, that refusal to negotiate on any other terms and conditions shall not constitute bad faith.
(2) All matters not specifically enumerated are reserved to the public school employer and may not be a subject of meeting and negotiating; provided that nothing herein may be construed to limit the right of the public school employer to consult with any employee, employee organization or employment representation council on any matter outside the scope of representation.
(3) Nothing herein shall authorize the diminution of any right, duty or obligation of either the professional employee or the board of education, which has been fixed by statute or by the constitution of this state. Except as otherwise expressly provided in this subsection, the fact that any matter may be the subject of a statute or the constitution of this state does not preclude negotiation thereon so long as the negotiation proposal would not prevent the fulfillment of the statutory or constitutional objective.
160.1033. A public school employer and a majority of the employee representation council shall enter into a written agreement covering matters within the scope of meeting and negotiating under section 160.1030. This written agreement shall be presented to the employer for action at a public meeting. The school board has the authority to accept, reject, or modify the agreement that has been reached between the employer and the majority of the employee representation council. The written agreement becomes binding when approved by a majority of the members of the board of education and the minutes of the meeting where action took place are approved.
160.1036. The employee representation council shall fairly represent each and every employee in the appropriate unit.
160.1039. The employee representation council or any employee organization shall have standing to sue in any action or proceeding heretofore or hereafter instituted by it as representative and on behalf of one or more of its members.
160.1042. 1. (1) No public school employee, employee organization, or employee representation council shall engage in a strike or cause, instigate, encourage, or condone a strike.
(2) No public school employer shall institute a lockout. A public school employer does not violate this section if there is a total or partial cessation of the public school employer's operations in response to a strike held in violation of this subsection.
2. (1) If a public school employer alleges that there is a strike by one or more public school employees in violation of subdivision (1) of subsection 1 of this section, the employer shall notify the board of mediation of the full or partial days a public school employee was engaged in the alleged strike.
(2) If an employee representation council, an employee organization, or a public school employee alleges that there is a lockout by a public school employer in violation of subdivision (2) of subsection 1 of this section, the council, association, organization, or employee shall notify the board of mediation of the full or partial days of the alleged lockout.
(3) Within thirty days after receipt of a notice made under subdivision (1) or (2) of this subsection, the board of mediation shall conduct a hearing to determine if there has been a violation and shall issue its decision and order.
(4) If, after such hearing, the board of mediation finds that one or more public school employees engaged in a strike in violation of subdivision (1) of subsection 1 of this section, the commission shall fine each public school employee two hundred fifty dollars for each full or partial day that he or she engaged in the strike. In addition, such employees may be subject to dismissal after a hearing conducted by the board under section 168.118, RSMo, and if not dismissed by the school district, they shall forfeit their claim to tenure if they presently have attained tenure, and the same may be demoted to probationary status for the entire probationary period.
(5) If, after such hearing, the board of mediation finds any employee organization has supported, assisted, or facilitated a strike in violation of subdivision (1) of subsection 1 of this section, such employee organization shall be fined five thousand dollars for each full or partial day that public school employee or employees engaged in the strike. Such employee organization shall be ineligible to be represented on an employee representation council in the public school district where the strike took place for a period of two years after the violation. In addition, the public school employer shall stop making payroll deductions for dues of any such employee organization for one year after the violation.
(6) If, after such hearing, the board of mediation finds that a public school employer instituted a lockout in violation of subdivision (2) of subsection 1 of this section, the board shall fine the public school employer five thousand dollars for each full or partial day of a lockout and shall fine each member of the public school employer's governing board and superintendent of schools two hundred fifty dollars for each full or partial day of a lockout.
(7) If the commission imposes a fine against a public school employee under subdivision (4) of this subsection and the public school employee continues to be employed by a public school employer, the commission shall order the public school employer to deduct the fine from the public school employee's annual salary.
(8) The commission shall transmit money received from fines imposed under this section, and a public school employer shall transmit money deducted under an order under subdivisions (5) and (6) of this subsection to the state treasurer for deposit in the state school moneys fund.
(9) If the commission does not receive payment of a fine imposed under this section within thirty days after the imposition of the fine, or if a public school employer does not deduct a fine from a public school employee's pay pursuant to an order under subdivision (6) of this subsection, the commission shall institute collection proceedings.
(10) Fines imposed under this section are in addition to all other penalties prescribed by sections 160.1000 to 160.1054 and by law.
(11) A public school employer may bring an action to enjoin a strike by public school employees, and an employee representation council or employee organization may bring an action to enjoin a lockout by a public school employer in the circuit court for the county in which the affected public school is located. A court having jurisdiction of an action brought under this subsection shall grant injunctive relief if the court finds that a strike or lockout has occurred, without regard to the existence of other remedies, demonstration of irreparable harm, or other factors. Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award court costs and reasonable attorney fees to a plaintiff who prevails in an action brought under this subsection.
(12) A public school employer shall not provide to a public school employee or to a school board member any compensation or additional work assignment that is intended to reimburse the public school employee or school board member for a monetary penalty imposed under this section.
(13) No penalty, forfeiture of rights or privileges, or other sanction or fine imposed on an employee organization, its officers, or members as the result of a strike shall be negotiable by such organization and a public school employer at any time.
160.1045. 1. Notwithstanding any other provision to the contrary, establishment of an employee representation council for an appropriate unit shall be initiated by the filing with the local board of education a request letter by an employee organization and supported by a showing of interest of at least ten percent of the employees in an appropriate unit. The request letter shall describe the grouping of jobs or positions which constitute the unit claimed to be appropriate. Each school district shall adopt and publish a policy on procedures to recognize and establish an employee representation council.
2. Notice of any such request letter shall be conspicuously posted on all employee bulletin boards in each facility of the public school employer in which members of the unit claimed to be appropriate are employed. The board of education shall allow at least forty-five days between the date of such posting and the date the school board takes action to allow other employee organizations an opportunity to file a petition supported by sufficient showing of interest to join the council.
3. The showing of interest supporting a request letter shall be based upon current dues deduction authorizations or other evidence such as notarized membership lists and shall be dated not more than six months prior to filing of the request letter. Such proof of support shall be submitted directly to the board or its designee, and the information submitted shall remain confidential and not be disclosed by the board or its designee. The board shall carry out its responsibilities under this section and shall report in writing within seven days of a decision by the local board of education to the employee organization as to whether the proof of support is adequate, and if not adequate, it shall state the reasons why it is inadequate. Any employee organization may appeal the decision by the board to the commission who shall establish procedures for hearing such appeal.
4. If a local board of education receives request letters and showing of interest documents that are similar from more than one employee organization, any employee that has their name appearing on both membership lists or supporting documentations shall have their name stricken from both organizations' documentations for the purpose of verifying a showing of interest.
5. Any board of education that does not receive a request letter or the board of education determines there is not a showing of interest by at least ten percent of any employee organization shall not be subject to the provisions of sections 160.1000 to 160.1054.
6. If there is only one employee organization that establishes a showing of interest of at least ten percent, the local board of education shall determine in policy the size of the council.
160.1048. 1. (1) Any employee organization that can establish a showing of interest of at least ten percent of the employees in the appropriate unit shall be entitled to have at least one representative on the employee representation council. Additional representatives of an employee organization to the council shall be proportional based on a percentage of membership for each organization that established a showing of interest.
(2) If only one employee organization establishes a showing of interest of at least ten percent, the local board of education shall determine in policy the size of the council. After the first year of meeting and negotiating with the employee representative council a school district exists with more than ten different buildings where employees of a represented unit are located, the board of education may establish a larger council, as long as representation on the council remains proportional to the size of the different member organizations that have established a showing of interest.
(3) The showing of interest shall be determined in accordance with section 160.1045. This showing of interest shall be renewed annually, and membership on the council shall be adjusted accordingly.
(4) The employee organization shall submit the showing of interest to the board, or its designee, and the information submitted shall remain confidential and not be disclosed by the board or designee.
2. The members of the employee representation council shall establish and revise as necessary, appropriate operating procedures to allow the council to function in a cooperative and efficient manner, including:
(1) Developing a protocol for cooperation between and among all employee organizations, which comprise the council, that will allow them to act together on behalf of all employees in the appropriate unit, and that will enable the council to secure and maintain stable and effective arrangements;
(2) Establishing organizational structures that will enable the council to better perform its function;
(3) Establishing a procedure for communication between the employer and the council, and among council members, including the sharing of information with all unit members as well as with the council's constituent employee organizations;
(4) Determining the venue, frequency and duration of meetings of the council;
(5) Establishing the duration for all operating procedures, and a process for review and revision.
In establishing and revising such operating procedures, all organizations comprising the employee representation council shall act in a spirit of cooperation with a view to reaching an agreement within a reasonable time so as not to interfere with the ability of the council to fulfill its statutory functions. If no such initial agreement is reached following the establishment of the council and the beginning of meeting and negotiating with the employer, the board of education shall provide a prototype of operating procedures for the parties to follow. Meetings between the employee representative council and the district shall not be subject to section 610.010, RSMo.
160.1051. All matters within the scope of meeting and negotiating that are agreed to by a simple majority of employee representation councils and the employers shall be reduced to writing. Binding arbitration shall not be allowed. Included in this document are items where agreement could not be reached. This written document shall be made public and presented to the board of education for action. The board of education has the option to accept, reject, or modify the written document. Once the written agreement is acted upon by the board of education and the minutes of the meeting where the board of education took action on the agreement are approved, the agreement becomes binding. Discussion of the written document by the board of education shall be done in an open meeting. Nothing in sections 160.1000 to 160.1054 shall absolve a board of education from following section 610.010, RSMo.
160.1054. The commission shall promulgate rules to implement the provisions of sections 160.1000 to 160.1054. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly under chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.