HCS#2 SS SB 291 -- EDUCATION

SPONSOR:  Shields (Wallace)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Rules by a
vote of 7 to 5.

This substitute changes the laws regarding education.  In its
main provisions, the substitute:

(1)  Permits an additional general election day in November 2009
for school districts to utilize the bonding provisions of the
American Recovery and Reinvestment Act of 2009, commonly known as
the federal economic stimulus act (Section 115.121, RSMo);

(2)  Allows schools to utilize a flexible schedule to allow
certain eleventh and twelfth grade students to attend school and
work for credit under a flex school plan tailored to the
individual student.  At the option of the district, flexibility
for a week with less than five school days while maintaining the
required 1,044 hours of attendance is allowed.  The mandatory
school attendance requirement is revised from attaining 16 years
of age to attaining 16 credits toward high school graduation
(Sections 160.011, 160.041, 160.539, 167.031, 171.029, and
171.031);

(3)  Requires the Joint Committee on Education to study the issue
of open enrollment and submit a report of its findings and any
recommendations by December 31, 2009, to the General Assembly
(Section 160.254);

(4)  Prohibits any school discipline policy which confines an
unattended student in a locked space, except when awaiting law
enforcement personnel.  By July 1, 2011, school districts must
adopt written policies to address the use of restrictive
behavioral interventions, which are specified in the substitute
(Section 160.263);

(5)  Establishes the Missouri Senior Cadet Program to provide
opportunities for twelfth graders in public school to mentor
kindergarten through eighth grade students.  Twelfth graders who
donate 10 hours per week during the academic year will receive
one elective credit that may be used to fulfill graduation
requirements.  If a student attends a public college or
university located in Missouri, the state will provide a
reimbursement for three credit hours per semester for up to four
years (Section 160.375);

(6)  Requires the sponsor of a charter school receiving
sponsorship funding to 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 school, have fair procedures
and rigorous criteria for its application process, grant charters
only to developers who show capacity for operating a quality
charter school, negotiate charter school contracts that clearly
articulate the rights and responsibilities of each party, conduct
contract oversight, and implement a transparent and rigorous
process to make merit-based renewal decisions.  Currently, a
charter school sponsor is allowed to revoke a charter if the
charter school commits certain acts.  The substitute requires the
charter school sponsor to revoke a charter or take other
appropriate remedial action if the charter school commits certain
acts.  Charter schools may maintain an insurance policy in the
amount of $500,000 or more to provide coverage in the event of
employee theft.  The joint committee must undertake a study
comparing the performance of charter school students with a group
of district students representing an equivalent demographic and
geographic population and the charter school's impact on the
district's constituents.  The elements of the student performance
assessment are specified.  A review of best teaching practices in
the charter schools will be part of the study (Sections 160.400,
160.405, and 160.410);

(7)  Removes the inclusion of the gaming revenues from the repeal
of the loss limits, effective July 1, 2009, from the definition
of "state adequacy target."  Beginning on July 1, 2010, revenue
generated from the passage of Proposition A in 2008 will be
deposited into the Classroom Trust Fund.  The 5% limit on
increases in state funding from the recalculation of current
operating expenditures is removed effective July 1, 2010.  The
definition of "special education pupil count" is revised to
include students with service plans.  The declining enrollment
summer school penalty is repealed.  Beginning in the 2010-2011
school year and thereafter, all proceeds a school district
receives from the Classroom Trust Fund in excess of the amount it
received in the 2009-2010 school year must be placed in the
school district's teachers' and incidental funds.  The Schools
First Elementary and Secondary Education Improvement Fund is
repealed (Sections 160.534, 163.011, 163.031, 163.043, 313.775,
313.778, and 313.822);

(8)  Allows the Governor to establish the P-20 Council as a
private not-for-profit corporation to coordinate the preparation
of students for entering the workforce.  The council's board of
directors will consist of 13 members, including the Director of
the Department of Economic Development, the commissioners of
Education and Higher Education, the chairpersons of the
Coordinating Board for Higher Education and the Coordinating
Board for Early Childhood, the President of the State Board of
Education, and seven members appointed by the Governor.  The
powers and duties of the council include receiving and borrowing
money; studying the potential for a state-coordinated economic
and educational policy; identifying obstacles which make state
support of certain programs difficult; and exploring ways to
better align academic content.  Provisions requiring certain
officials to meet and discuss ways to create a more efficient and
effective education system semiannually are repealed (Sections
160.800 - 160.820);

(9)  Creates the Persistence to Graduation Fund for use by the
Department of Elementary and Secondary Education for grants to
implement dropout prevention strategies.  The department must
establish a procedure for school districts to apply for a grant.
A grant for a term of one to five years must be available to a
school district having at least 60% of its students eligible for
a free or reduced-price lunch.  The department must give
preference to school districts proposing a holistic approach to
dropout prevention.  The department may stop payments to a
district if it determines that the district is misusing funds or
if the district's program is deemed ineffectual, upon 30 days'
notice (Section 160.950);

(10)  Requires the state board to provide seven days' written
notice of board meetings to members.  The number of members
needed to request a meeting of the board is reduced from four to
three.  Any business before the board must be made available by
free electronic record at least seven business days before the
meeting.  All records must be available by free electronic media
within 48 hours after a meeting.  Any materials prepared for
board members must be delivered to the members at least five days
before the meeting.  The Commissioner of Education is required to
study and evaluate the progress of public schools in achieving
instructional goals and to make these findings available by free
public electronic media.  Certain information about students 16
years of age and older who drop out of school must be reported to
the State Literacy Hotline Office.  Records and reports based
upon the school reports must be made available by free electronic
record on the department's web site on the first business day of
each month without the identifying information on individual
students (Sections 161.072, 161.122, and 167.275);

(11)  Requires public schools to develop teaching standards by
June 30, 2010.  The standards must include student participation,
use of various forms of assessment, communication skills,
instructional knowledge, and professional behavior (Section
161.390);

(12)  Establishes the Volunteer and Parents Incentive Program to
reimburse parents or volunteers who donate time at certain
schools.  Eligible individuals must donate time at a school in an
unaccredited or provisionally accredited district or at a
district that has at least 50% at-risk students.  For every 100
hours donated, the department will provide a reimbursement for
three credit hours at a public institution of higher learning
located in Missouri, not to exceed $500 every two years (Section
161.800);

(13)  Establishes a bill of rights for the parents of children
with individualized education programs and requires the
department to publish a guide in clear concise language that
includes, but is not limited to, the parents' rights to
participate in meetings, to obtain copies of records, to have an
advocate present, and to receive a nonexclusive list of services
to which a child may be entitled (Section 161.850);

(14)  Allows the state board to appoint additional members to any
special administrative board appointed under Section 162.081
regarding lapsed school districts.  The state board may set a
final term with an end date of June 30 for any member whose
successor will be elected by the district's voters on the
municipal election day immediately prior to the expiration of the
final term of office.  Otherwise qualified appointed special
board members are allowed to run for an elected seat on the
board.  If the state board replaces the chair of the special
board, the members of the special board are authorized to appoint
and sign a contract for a superintendent of schools.  The state
board may also set a date for the school district to return to
local governance and continue operation as a district as
authorized by law (Section 162.083);

(15)  Allows school districts to maintain permanent records in a
digital or electronic format.  School districts must follow the
manufacturer's guidelines for the use of the media, including the
manufacturer-suggested period of time for use and storage
(Section 162.204);

(16)  Allows the Blue Springs School District to commission a
peace officer under specified conditions (Section 162.215);

(17)  Specifies that a 45-minute difference per trip in travel
time for students will be a consideration when a board of
arbitration decides a disputed school district boundary change
election and removes the consideration of a school's
accreditation status (Section 162.431);

(18)  Requires a vacancy on the school board of the Kansas City
School District to be filled by a special election instead of by
an appointment by the board members.  A special election will be
held if a vacancy occurs more than six months prior to the next
general municipal election.  The state board is responsible for
ordering a special election when a vacancy occurs.  If a vacancy
occurs less than six months prior to the next general municipal
election, the vacancy will be filled at the next general
municipal election (Section 162.492);

(19)  Establishes the Missouri Preschool Plus Grant Program as a
pilot program within the Missouri Preschool Project, serving up
to 1,250 students and administered by the department in
collaboration with the Coordinating Board for Early Childhood.
Unaccredited school districts and non-sectarian community-based
organizations in these school districts may receive three-year
renewable grants.  At least 50% of the placements must be offered
through non-sectarian community-based organizations.  The
department must make a good faith effort to collect long-term
student performance data for students who attend non-public
schools.  The department will accept applications in a
competitive bid process to begin implementing the program in the
2010-2011 school year.  The program will be funded through
general appropriations and not through money from the Gaming
Commission Fund (Section 162.1168);

(20)  Specifies that school districts offering virtual courses to
resident-enrolled students will receive state school funding for
those students.  School districts may offer virtual courses
through technologies specified in the substitute and 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.  Private, parochial, or homeschooled
students residing within a school district offering virtual
school courses may enroll to participate in virtual school
courses.  Attendance of a student enrolled in a virtual class
will equal, upon course completion, 94% of the hours of
attendance for the class delivered in the non-virtual program.
Course completion will be calculated in two 50% increments, and
state funding will be distributed in two increments at an amount
equal to 47% of hours of attendance possible for the course
delivered in the non-virtual program of the school.  Special
school districts must count any student's completion of a virtual
course or program in the same manner as 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 offering virtual courses or developing virtual
courses or a virtual program must ensure that they comply with
various standards as specified in the substitute.  A school
district or charter school may contract with multiple providers
as long as the providers meet the criteria for virtual courses or
virtual programs under these provisions (Section 162.1250);

(21)  Requires the department to recalculate the state school aid
for the Riverview Gardens School District due to the district
setting its levy in the capital projects fund instead of the
incidental fund in calendar year 2005.  The department must
calculate the amount the district would have received in state
aid for fiscal years 2007 - 2010 which will be divided and
distributed in equal amounts in fiscal years 2010 - 2013 (Section
163.095);

(22)  Establishes the Foster Care Education Bill of Rights
requiring each school district to designate a staff person to act
as an educational liaison for foster care children.  The liaison
will facilitate proper placement and expedite record requests and
submissions.  Foster care pupils have the right to remain
enrolled in their school of origin or to return to a previous
school.  Districts must accept credit for work satisfactorily
completed; and if a pupil under the jurisdiction of the juvenile
court completes graduation requirements, the school district of
record must issue a diploma.  Students must not be penalized for
absences resulting from required court appearances or court-
related activities.  Districts must offer access to the pupil's
records to child-placement agencies within the limits of federal
law.  Children in foster care or children placed in a licensed
residential care facility are entitled to a full six-hour school
day unless the school district determines fewer hours are needed.
The Commissioner of Education will act as an ombudsman who will
make the final determination (Sections 167.018, 167.019, and
210.1050);

(23)  Adds children who reside in a children's hospital for more
than three days to the list of children for whom a school
district or special school district is responsible for making
payments for services to a serving school district (Section
167.126);

(24)  Establishes physical education standards for elementary
schools as of the 2010-2011 school year that include moderate
physical activity for an average of 30 minutes per day.  Middle
school students may, at the school's discretion, participate for
at least 225 minutes per week.  Elementary schools must provide
one 20-minute recess period which may be incorporated into the
lunch period.  Students with disabilities will participate to the
extent appropriate.  Schools are allowed to meet the requirements
by additional physical education instruction or other activities
approved by the school district under the direction of a
certificated teacher, administrator, or other employee under the
supervision of a certificated teacher or administrator (Section
167.720);

(25)  Establishes teacher certification solely for instruction in
the subject matters of banking or financial responsibility for
individuals who have a bachelor's or higher degree, suitable
professional experience, and a passing score for the designated
exit examination.  The certificate holder is exempt from the
Teacher Tenure Act.  If employed less than full-time, he or she
must complete professional development in proportion to his or
her time spent teaching in the classroom (Section 168.021);

(26)  Makes the background check for teachers and other school
personnel who have contact with students valid for one year and
transferrable from one school district to another, even if there
is a change in the type of certification a teacher holds (Section
168.133);

(27)  Establishes the Teacher Choice Compensation Package for the
St. Louis City School District to allow for performance-based
salary stipends upon the decision of a teacher.  The Teacher
Choice Compensation Fund is created to which the General Assembly
must annually appropriate $5 million.  Teachers must give up
their right to a permanent appointment for the duration of their
employment with the school district to participate in the
package.  If a participating teacher chooses to leave the
program, he or she may not resume permanent teacher status with
the district.  Stipends will be offered in increments of $5,000,
up to $15,000, but must not exceed 50% of the teacher's base
salary.  If funds are insufficient, the department may prorate
payments.  The package will be open to every person employed by
the St. Louis City School District regardless of certification
status if the other requirements are satisfied.  Stipends will be
prorated for part-time employees and will be forfeited for any
teacher dismissed for cause.  Beginning with the 2010-2011 school
year, teachers may be eligible based on student scores on a
value-added test instrument, evaluations by principals or other
administrators, evaluations by parents, and evaluations by
students.  The department must develop or identify model
instruments for use by school districts or a district may use or
develop its own instruments.  The department must develop the
criteria for determining eligibility for stipend increments.
Test scores will be given more weight than evaluations.  The
level of scores required must take into account classroom
demographics (Sections 168.221, 168.745, 168.747, 168.749, and
168.750);

(28)  Specifies that persons hired for noncertificated positions
in St. Louis public schools after August 28, 2009, will not be
eligible for tenure.  Currently, noncertificated employees
achieve tenure after one year of service (Section 168.251);

(29)  Specifies that equipment and educational materials
necessary for supplemental educational services will not be
deemed incentives for the purposes of complying with the
department's rules for supplemental educational services
providers.  The department must not prohibit providers of
supplemental and educational services from allowing a student to
retain equipment, such as a computer, when the student
successfully completes the supplemental and educational services
(Section 170.400);

(30)  Allows a school board to enter into an agreement with the
county or any municipality wholly or partially located in the
school district to construct, repair, or finance sites,
buildings, and equipment for the district's educational purposes.
Options for districts to obtain ownership of the facilities,
including joint ventures, are specified (Section 177.088);

(31)  Allows schools to make up half of the remaining school days
lost or canceled due to inclement weather in excess of the first
six up to a total of 10 full make-up days (Section 171.033); and

(32)  Requires the joint committee to undertake a study on
governance issues in the Kansas City school district in the 2009
interim of the General Assembly (Section 1).

The provisions regarding the Missouri Senior Cadet Program, the
Volunteer and Parents Incentive Program, and the Missouri
Preschool Plus Grant Program will expire six years from the
effective date.

The provisions regarding the repeal of the Schools First
Elementary and Secondary Education Improvement Fund become
effective July 1, 2010.

The provisions regarding the additional election day in November
2009, the definition of "state adequacy target," the Classroom
Trust Fund, the elimination of the summer school penalty, and the
audit of the Gaming Proceeds Fund become effective July 1, 2009,
or upon passage and approval, whichever occurs later.

FISCAL NOTE:  Estimated Income on General Revenue Fund of
$55,642,967 up to $86,502,317 in FY 2010, $54,028,076 up to
$84,887,426 in FY 2011, and $47,999,441 up to $78,858,791 in FY
2012.  No impact on Other State Funds in FY 2010, FY 2011, and FY
2012.

PROPONENTS:  Supporters say that the bill originated when some
schools inquired about eligibility for state aid if they offered
their own virtual courses and programs.  Some funding sections
were added in the Senate substitute to address technical problems
resulting from Proposition A.  Citizens in school districts in
Howell Valley requested new provisions to provide flexibility for
their situation that is not as extreme as complete consolidation
while still addressing duplicated services.

Testifying for the bill were Senator Shields; Missouri Charter
Public Schools Association; Kevin Drollinger, Epworth Children
Family Services; Kaplan Virtual Education; Missouri Coalition of
Children's Agencies; Partnership for Children; Children's
Education Council of Missouri; Marilyn Toalson; Jennifer Good;
Brady Still; Missouri National Education Association; Missouri
State Teachers Association; Missouri Education Reform Council;
Missouri School Boards Association; Connections Academy; David
Kuschel, Cooperating School Districts of Greater St. Louis;
Cooperating School Districts of Greater Kansas City; Gifted
Association of Missouri; Joseph Rothgeb; Jim Thompson; Traci
Wiley; Kay Garrett; and Jimmy E. Thompson.

OPPONENTS:  Those who oppose the bill say that the St. Louis
public schools have had incentive pay as a policy and negotiated
with the teachers for several years, but it was only implemented
for one year due to funding.  The options offered by the Senate
substitute for Howell Valley keep the issue open and make it
difficult to plan.  No consolidation questions have been placed
on the ballot, so the existing methods have not been used.

Testifying against the bill were Byron Clemens, St. Louis
Missouri Federation of Teachers; John Burkhead and Casus Baird,
Howell Valley R-I; Jeffrey Chappell, Dora R-III; Jerry Premer,
Melonie Bunn, and Kimberly Turner, Richards R-V; Kris Norman;
Missouri Association for Rural Education; Donald Brotherton; Jay
Jackson; Shannon Kimbrough; Ray Murphy; Kay McMurtrey; Heather
Sexton; David Stewart; Joyce Stewart; Steve Stewart; Michael
Wallace; and Cynthia Wright and Peggy Wright, Fairview R-II.

OTHERS:  Others testifying on the bill say the issues of open
enrollment and school start dates are troublesome and the
physical education, parents' bill of rights, and use of seclusion
room provisions need further revision.  The St. Louis public
schools have already addressed the issue of deed restrictions.
While the rules of the Missouri State High School Activities
Association require a student to take three credits a semester to
qualify for participation on school teams, it does not
specifically ban homeschooled students.

Testifying on the bill were Penney Rector, School Administrators
Coalition; Special Administrative Board of the Transitional
School District of the City of St. Louis; and Missouri State High
School Activities Association.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am