HCS#2 SS SB 291 -- EDUCATION

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

(1)  Adds a general election day for the year 2009 on the first
Tuesday after the first Monday in November to permit 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)  Establishes the School Flex Program to allow certain
eleventh and twelfth grade students to attend school and work
while fulfilling course and credit requirements under a flex
school plan tailored to the individual student.  School districts
participating in the program must submit an annual report to the
Department of Elementary and Secondary Education, and the
department must report annually to the Joint Committee on
Education regarding the program's effectiveness.  The compulsory
school attendance age requirement is revised from attaining 16
years of age to attaining 17 years of age or completing 16
credits toward high school graduation, with a definition of
attaining credits that recognizes the way in which records are
kept for home schools.  The bill clarifies that a home school's
records will only be reviewable by the local prosecuting
attorney.  The change in the compulsory attendance requirement
will not apply to the St. Louis City School District.  At the
option of a school district, it may adopt a school week with less
than five school days while maintaining the required 1,044 hours
of attendance; however, if the school district meets at least two
fewer performance standards on two successive annual performance
reports than it met on its last annual performance report prior
to implementing a school year of less than 174 days, the district
must revert back to a five-day school week (Sections 160.011,
160.041, 160.539, 167.031, 171.029, and 171.031);

(3)  Requires the joint committee to study the issue of open
enrollment for students across school district boundary lines and
to 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 while awaiting the
arrival of law enforcement personnel.  The department in
cooperation with appropriate associations, organizations,
agencies, and individuals with specialized expertise in behavior
management must develop a model policy by July 1, 2010.  By
July 1, 2011, school districts must adopt a written policy to
address the use of restrictive behavioral intervention as a form
of discipline or behavior management technique and specifies what
the policy must include (Section 160.263);

(5)  Establishes the Missouri Senior Cadets Program to provide
opportunities for certain twelfth graders in public school to
mentor kindergarten through eighth grade students.  Eligible
twelfth graders who donate an average of at least 10 hours per
week during the academic year will receive one elective class
credit that may be used to satisfy graduation requirements.  If a
student attends a college with the intention of becoming a
teacher, the state will provide, subject to appropriations, a
reimbursement for the cost of three credit hours per semester for
up to eight semesters (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 strong capacity for establishing and
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
bill requires a 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 as an alternative to a surety bond
based on the school's cash flow.  The joint committee must
conduct a study comparing certain specified performance
assessments of charter school students with a group of district
students representing an equivalent demographic and geographic
population and examining the charter school's impact on the
district's constituents.  A review of best teaching practices in
the charter schools will also be part of the study (Sections
160.400, 160.405, and 160.410);

(7)  Removes from the definition of "state adequacy target" the
inclusion of the gaming revenues from the repeal of the loss
limits on the effective date of this section.  Beginning 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,
effective July 1, 2009, to include students with service plans.
The declining summer school average daily attendance 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 and references are removed
regarding the annual audit of the fund by the State Auditor
(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 create a more efficient and
effective education system to more adequately prepare students
for the challenges of 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 of 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 that addresses all levels of
education; identifying obstacles which make state support of
certain programs difficult and suggesting remedies; exploring
ways to better align academic content; and reporting annually to
the Governor and General Assembly by November 1 on its structure,
operation, and financial status.  Provisions requiring certain
officials to meet and discuss ways to create a more efficient and
effective education system semiannually are repealed (Sections
160.730 and 160.800 - 160.820);

(9)  Creates the Persistence to Graduation Fund to be used 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.
Subject to appropriations, a grant for a term of one to five
years will 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 upon 30 days' notice to a district if it determines that
the district is misusing funds or if the district's program is
deemed ineffectual.  The department must annually report by
January 15 to the Governor and the General Assembly on the
recipients, amount of grants, and persistence to graduation data
for the preceding five years (Section 160.950);

(10)  Requires the state board to provide seven days' written
notice, instead of the current five 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.  Records from a meeting must be available by free
electronic media within 48 hours after the meeting.  Any
materials prepared for board members must be delivered to the
members at least five days before the meeting and be available
electronically.  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.  Currently, certain information about
students 16 years of age and older who drop out of school must be
reported to the State Literacy Hotline Office.  The bill requires
records and reports based upon these school reports to 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 each public school 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.  Upon
request, the department may assist public schools in developing
these standards (Section 161.380);

(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 more than 50% of its student population
classified as at-risk.  For every 100 hours donated, the
department will provide, subject to appropriations, a
reimbursement toward the cost of three credit hours at a public
institution of higher learning located in Missouri, not to exceed
$500 every two years.  If a participating school district becomes
accredited, it may continue to participate in the program for an
additional two years (Section 161.800);

(13)  Requires the department to publish, by January 1, 2010,
the Parents' Bill of Rights for the parents of children with
individualized education programs in a clear concise language
that includes, but is not limited to, the parents' rights under
federal and state law 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.
The department must post a copy of the publication on its web
site.  Each school district must provide a copy of the
publication to the parents or guardians of certain specified
students (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 general
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 or more difference per trip in
travel time for students will be a consideration when a board of
arbitration decides whether to modify the boundary lines between
districts in a disputed school district boundary change election
and removes the requirement that a board of arbitration approve a
boundary change based upon 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 with high quality early childhood educational
services to improve school readiness outcomes.  It will be
administered by the department in collaboration with the
Coordinating Board of Early Childhood.  Unaccredited school
districts and nonsectarian community-based organizations in these
school districts may receive three-year renewable grants, subject
to appropriations.  At least 50% of the placements must be
offered through nonsectarian community-based organizations.
Families with incomes at or above 130% of the federal poverty
level may be charged a fee on a sliding scale.  Children of
active duty military personnel must receive admission preference.
Districts must collect student performance data.  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 bill 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.  For purposes of the calculation and distribution of
school funding, 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 bill.  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 which
requires each school district to designate a staff person to act
as the educational liaison for children in foster care.  The
liaison will facilitate proper educational placement and expedite
record requests and submissions.  Foster care pupils will have
the right to remain enrolled in their school of origin pending
resolution of school placement disputes.  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 residence must issue a
diploma.  Students must not be penalized for absences resulting
from required court appearances or court-related activities.
Districts are authorized to permit access of a 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 that fewer hours are
needed.  The Commissioner of Education will act as an ombudsman
for children placed for treatment in a licensed residential
facility by the Department of Social Services and will make the
final determination over discrepancies regarding school day
length (Sections 167.018, 167.019, and 210.1050);

(23)  Adds certain 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 the 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 150 minutes per week or 30
minutes per day.  Middle school students may, at the school's
discretion, participate for at least 225 minutes of physical
activity per week.  Elementary schools must provide at least one
20-minute recess period which may be incorporated into the lunch
period.  Students with disabilities must 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 school employee
under the supervision of a certificated teacher or administrator.
The Commissioner of Education must annually select for
recognition students, schools, and school districts that are
considered to have achieved improvement in fitness (Section
167.720);

(25)  Establishes, at the discretion of the state board, 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 rather than the required 30 hours of
training standard (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.  To be eligible for the
package, a teacher must give up his or her right to a permanent
appointment for the duration of his or her employment with the
school district.  If a teacher chooses to no longer participate
in the package, he or she may not resume permanent teacher status
with the district or resume the process for qualification for an
indefinite contract in that 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 the payments.  The package will be open to
every person employed as a teacher 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 and evaluations by principals or other
administrators, by parents, and 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 under
specified conditions.  The department must develop the criteria
for determining eligibility for stipend increments.  Test scores
will be given more weight than evaluations, and the level of
scores required will take into account classroom demographics
(Sections 168.221, 168.745, 168.747, 168.749, and 168.750);

(28)  Specifies that any person hired for a noncertificated
position in the St. Louis City School District 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 any 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 provider
certification.  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 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.  School districts that
adopt a school week with less than five days may schedule make-up
days on Friday (Section 171.033);

(31)  Authorizes a school board to enter into an agreement with
the county or any municipality wholly or partially located in the
school district to acquire, construct, improve, extend, repair,
remodel, or finance sites, buildings, facilities, furnishings,
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); and

(32)  Requires the joint committee to study and prepare a report
on governance issues in the Kansas City School District with its
legislative recommendations to the General Assembly by
December 31, 2009 (Section 1).

The provisions regarding the Missouri Senior Cadets Program, the
Persistence to Graduation grants, 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," changes to the
Classroom Trust Fund, the elimination of the summer school
penalty, and the repeal of the requirement for an audit of the
Schools First Elementary and Secondary Education Improvement Fund
contain an emergency clause and become effective July 1, 2009, or
upon passage and approval, whichever occurs later.

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