HCS SB 79 -- EDUCATION

SPONSOR:  Wilson (Wallace)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elementary
and Secondary Education by a vote of 13 to 0.

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

(1)  Allows a general election to be held in November 2009 for
school bond issues in conjunction with the use of bonding
provisions of the federal stimulus package (Section 115.121,
RSMo);

(2)  Exempts fuel used to operate school buses transporting
students for educational purposes from the motor fuel tax
(Section 142.814);

(3)  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 each
student.  At the option of the district, flexibility for a
four-day week while maintaining the required 1,044 hours of
attendance is allowed.  The basis for leaving school is revised
from attaining 16 years of age to attaining 16 credits toward
high school graduation.  Schools may make up half of the
remaining school days lost due to inclement weather in excess of
the first six up to a total of 10 full make-up days (Sections
160.011, 160.041, 160.539, 167.031, 171.029, 171.031, and
171.033);

(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)  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 department will commission a study comparing
the performance of charter school students with a group of
district students representing an equivalent demographic and
geographic population.  The department will also study charter
schools' impact on the districts' constituents through a proposal
process.  The department must coordinate the request for proposal
process with representatives of charter schools and the districts
in which charter schools are located.  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);

(6)  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" and adds a provision to supply 2%
increases in each recalculation of the target.  Beginning on
July 1, 2010, moneys from Proposition A passed in 2008 will be
deposited into the Classroom Trust Fund.  The 5% limit on
increases in state funding per recalculation of current operating
expenditures is removed effective July 1, 2010.  "Gifted pupil
count" is defined, and the definition of "weighted average daily
attendance" is revised by including a weight of .25 multiplied by
the number of the district's gifted education pupil count
effective July 1, 2010.  The definition of "special education
pupil count" is revised to include students with service plans.
The Schools First Elementary and Secondary Education Improvement
Fund is repealed (Sections 160.534, 163.011, 163.031, 313.775,
313.778, and 313.822);

(7)  Expands the A+ Schools Program's tuition reimbursement
scholarship to include qualifying students from high schools that
have not received the A+ designation; establishes the Missouri
Promise Scholarship Program which adds a third and fourth year
completer scholarship; revises the Bright Flight Program to award
$2,000 scholarships to qualifying students through Fiscal Year
2010, with Fiscal Year 2011 and after, a student with a top three
percentile score awarded a $3,000 scholarship and a top five
percentile a $1,000 scholarship; and contains several provisions
to clarify the administration of the awards (Sections 160.545,
173.250, and 173.268);

(8)  Changes the laws regarding bullying in schools by:

(a)  Revising the definition of "bullying" to include
discrimination, substantial interference with a student's
educational performance, and disruptive behavior;

(b)  Prohibiting bullying by school employees or students on
school property, at school functions, or on school buses;

(c)  Changing the requirement that a bullying policy not
enumerate protected classes of individuals to a specified list of
protected classes; and

(d)  Adding several mandatory school district policies including
procedures for reporting and investigating bullying incidents and
requiring the State Board of Education to develop model policies
to assist local districts in developing their policies for the
prevention of bullying no later than September 1, 2010 (Section
160.775);

(9)  Requires the department to develop teaching standards for
all public schools by June 30, 2010.  The standards must include
student participation, use of various forms of assessment,
communication skills, instructional knowledge, and professional
behavior.  School districts must develop key criteria by which
teachers may be evaluated under the standards (Section 161.390);

(10)  Establishes a bill of rights for the parents of children
with individualized education programs that 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, obtain copies of records, have an
advocate present, and a nonexclusive list of services to which a
child may be entitled (Section 161.850);

(11)  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);

(12)  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);

(13)  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 a provision regarding consideration of
accreditation status (Section 162.431);

(14)  Requires the Joint Committee on Education to study the
issue of governance in the Kansas City schools during the 2009
legislative interim (Section 162.492);

(15)  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);

(16)  Expands the Small Schools Grant Program by directing
additional funds to it from gaming proceeds as of July 1, 2010,
and extending the grants on a decreasing percentage basis to
schools that have a regular year attendance of up to 449 students
(Section 163.044);

(17)  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 and use the revised aid amount to distribute aid for Fiscal
Year 2010 and subsequent years.  The State Auditor must perform a
follow-up to its 2007 audit on the district's effort to address
the audit's issues after the 2010-2011 school year, and the board
of the district is required to obtain an independent appraisal
prior to selling any property (Section 163.095);

(18)  Waives the limitations on the transfer of moneys from a
school district's incidental fund to its capital projects fund
for the 2009-2010 and 2010-2011 school years under certain
circumstances.  If a school district receives federal economic
stimulus funds from the American Recovery and Reinvestment Act of
2009 and the school board approves a resolution identifying the
capital projects and the expenditure dates on which the funds
will be spent, the district may exceed the transfer limit that is
based on 7% of the state adequacy target for the funds received
under the federal act (Section 165.011);

(19)  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 while placement disputes are
pending.  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 (Sections 167.018 and 167.019);

(20)  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);

(21)  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);

(22)  Requires food service directors and menu planners, whether
they are employees of the school or contracted vendors, hired on
or after August 28, 2009, to obtain school food service and
nutrition specialist credentials or level 1 Missouri school
nutrition association certification within two years of their
appointment beginning with school year 2011-2011 (Section
168.185);

(23)  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);

(24)  Specifies that equipment and educational materials
necessary for supplemental educational services will not be
deemed incentives for purposes of complying with the Department
of Elementary and Secondary Education'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);

(25)  Specifies that postsecondary education public benefits will
not be considered public benefits in the provisions of law that
prohibit aliens unlawfully present in the United States from
receiving a state or local public benefit; prohibits the
enrollment of unlawfully present aliens in any public institution
of higher education; and prohibits college or university students
who are unlawfully present in the United States from receiving
certain types of financial aid, including institutional aid and
state-administered postsecondary grants and scholarships.
Documents which may be used to verify a student's lawful presence
in the United States are specified.  All postsecondary
institutions of higher education must annually certify to the
Department of Higher Education that they have not knowingly
awarded financial aid to students who are unlawfully present in
the United States, and the department must annually certify to
the appropriation committees of the General Assembly prior to the
approval of any appropriations that each campus of an institution
has not knowingly enrolled any illegal alien (Sections 172.360,
173.1110, 174.130, 175.025, 178.635, 178.780, 178.785, and
208.009);

(26)  Establishes the Child Care Quality Rating System (Section
210.205);

(a)  Requires the Department of Social Services, in collaboration
with the departments of Health and Senior Services, Elementary
and Secondary Education, and Mental Health, to develop by
September 1, 2009, a quality rating system for early childhood
and before- and after-school programs licensed by the Department
of Health and Senior Services.  The Department of Social Services
must use the model developed by the University of Missouri Center
for Family Policy and Research to establish the rating system.
The rating system will allow evaluation and selection of
high-quality programs, create an accountability system for
policymakers and funders, and guide providers through a system of
increasing levels of quality with specific outcomes for child
care;

(b)  Requires, subject to appropriations and by July 1, 2014, all
licensed facilities receiving direct moneys or services to be
rated under the system.  The program remains voluntary for other
licensed facilities.  The Coordinating Board for Early Childhood
within the Children's Services Commission must develop a plan for
a tiered rating system of reimbursement for child care subsidies
based on the rating system for licensed facilities that receive
funding or services to improve the quality of their programs.  By
December 31, 2010, a proposed plan with recommendations for
implementation of the reimbursement system must be submitted to
the General Assembly and will become effective upon
authorization;

(c)  Creates the Quality Rating System Program Improvement Fund
administered by the Department of Social Services to provide
grants to licensed providers to make quality improvements to
comply with the rating system or to community-based organizations
assisting providers with improvements.  The funds will be
administered by the department through contracts with
nongovernmental organizations, which will provide the quality
improvement services of training and technical assistance
directly to programs statewide and establish a quality
improvement panel to review grant applications and determine
funding; and

(d)  Requires the Department of Social Services, in collaboration
with the departments of Health and Senior Services, Mental
Health, and Elementary and Secondary Education, to be responsible
for materials to educate the public and early childhood and
before- and after-school programs about the quality rating system
and for posting the ratings on the Missouri Child Care Resource
and Referral Network web site by December 31, 2014.

The provisions regarding the child care quality rating system
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 substitute contains an emergency clause for the provisions
regarding unlawfully present aliens in higher education
institutions.

The provisions regarding the definition of "state adequacy
target" and the recalculation of aid for the Riverview Gardens
School District become effective July 1, 2009, or upon passage
and approval, whichever occurs later.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of
$10,411,737 Up to $41,271,087 to Unknown in FY 2010, $40,663,473
Up to $71,522,823 to Unknown in FY 2011, $58,033,859 Up to
$88,893,209 to Unknown in FY 2012.  Estimated Cost on Other State
Funds of $9,669,365 in FY 2010, FY 2011, and FY 2012.

PROPONENTS:  Supporters say that it is much easier to bully
somebody when you don't have to face the person.  With the advent
of texting and social network sites, a specific reference to
electronic media and cyberspace in school bullying policies is
needed.

Testifying for the bill were Senator Wilson; Missouri School
Boards Association; Missouri State Teachers Association; Missouri
National Education Association; Penney Rector, School
Administrators Coalition; and Missouri Federation of Teachers and
School Related Personnel.

OPPONENTS:  There was no opposition voiced to the committee.

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