FIRST REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES TILLEY (Sponsor), HOLSMAN, DAY, NOLTE, SCHARNHORST, SMITH (14), ZERR, CASEY, JONES (89), DIECKHAUS, WILSON (119), SILVEY, WETER, STREAM, KINGERY, NIEVES, SMITH (150), SCHIEFFER, BROWN (50) AND GATSCHENBERGER (Co-sponsors).
1153L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 160.534, 163.011, 163.172, 168.110, 168.124, 168.211, and 168.291, RSMo, and to enact in lieu thereof eleven new sections relating to educational personnel compensation, with an emergency clause for certain sections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 160.534, 163.011, 163.172, 168.110, 168.124, 168.211, and 168.291, RSMo, are repealed and eleven new sections enacted in lieu thereof, to be known as sections 160.534, 163.011, 163.172, 168.110, 168.124, 168.211, 168.291, 168.711, 168.714, 168.716, and 168.720, to read as follows:
160.534. 1. For fiscal year 1996 and each subsequent fiscal year, any amount of the excursion gambling boat proceeds deposited in the gaming proceeds for education fund in excess of the amount transferred to the school district bond fund as provided in section 164.303, RSMo, shall be transferred to the classroom trust fund. Such moneys shall be distributed in the manner provided in section 163.043, RSMo.
2. Starting in fiscal year 2009, and for each subsequent fiscal year, all excursion gambling boat proceeds deposited in the gaming proceeds for education fund in excess of the amount transferred to the classroom trust fund for fiscal year 2008 plus the amount appropriated to the school district bond fund in accordance with section 164.303, RSMo, shall be deposited into the schools first elementary and secondary education improvement fund. The first forty million dollars from the schools first elementary and secondary education improvement fund shall be appropriated each fiscal year to implement the provisions of sections 163.172, 168.711, 168.714, 168.716, and 168.720, RSMo, and any remaining moneys shall be transferred to the credit of the state school moneys fund for the purposes of the basic allotment of the foundation formula, under subsection 1 of section 163.031, RSMo.
3. The amounts deposited in the schools first elementary and secondary education improvement fund pursuant to this section shall constitute new and additional funding for elementary and secondary education and shall not be used to replace existing funding provided for elementary and secondary education.
163.011. As used in this chapter unless the context requires otherwise:
(1) "Adjusted operating levy", the sum of tax rates for the current year for teachers' and incidental funds for a school district as reported to the proper officer of each county pursuant to section 164.011, RSMo;
(2) "Average daily attendance", the quotient or the sum of the quotients obtained by dividing the total number of hours attended in a term by resident pupils between the ages of five and twenty-one by the actual number of hours school was in session in that term. To the average daily attendance of the following school term shall be added the full-time equivalent average daily attendance of summer school students. "Full-time equivalent average daily attendance of summer school students" shall be computed by dividing the total number of hours, except for physical education hours that do not count as credit toward graduation for students in grades nine, ten, eleven, and twelve, attended by all summer school pupils by the number of hours required in section 160.011, RSMo, in the school term. For purposes of determining average daily attendance under this subdivision, the term "resident pupil" shall include all children between the ages of five and twenty-one who are residents of the school district and who are attending kindergarten through grade twelve in such district. If a child is attending school in a district other than the district of residence and the child's parent is teaching in the school district or is a regular employee of the school district which the child is attending, then such child shall be considered a resident pupil of the school district which the child is attending for such period of time when the district of residence is not otherwise liable for tuition. Average daily attendance for students below the age of five years for which a school district may receive state aid based on such attendance shall be computed as regular school term attendance unless otherwise provided by law;
(3) "Current operating expenditures":
(a) For the fiscal year 2007 calculation, "current operating expenditures" shall be calculated using data from fiscal year 2004 and shall be calculated as all expenditures for instruction and support services except capital outlay and debt service expenditures minus the revenue from federal categorical sources; food service; student activities; categorical payments for transportation costs pursuant to section 163.161; state reimbursements for early childhood special education; the career ladder entitlement for the district, as provided for in sections 168.500 to 168.515, RSMo; the vocational education entitlement for the district, as provided for in section 167.332, RSMo; and payments from other districts;
(b) In every fiscal year subsequent to fiscal year 2007, current operating expenditures shall be the amount in paragraph (a) plus any increases in state funding pursuant to sections 163.031 and 163.043 subsequent to fiscal year 2005, not to exceed five percent, per recalculation, of the state revenue received by a district in the 2004-05 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments for any district from the first preceding calculation of the state adequacy target;
(4) "District's tax rate ceiling", the highest tax rate ceiling in effect subsequent to the 1980 tax year or any subsequent year. Such tax rate ceiling shall not contain any tax levy for debt service;
(5) "Dollar-value modifier", an index of the relative purchasing power of a dollar, calculated as one plus fifteen percent of the difference of the regional wage ratio minus one, provided that the dollar value modifier shall not be applied at a rate less than 1.0:
(a) "County wage per job", the total county wage and salary disbursements divided by the total county wage and salary employment for each county and the city of St. Louis as reported by the Bureau of Economic Analysis of the United States Department of Commerce for the fourth year preceding the payment year;
(b) "Regional wage per job":
a. The total Missouri wage and salary disbursements of the metropolitan area as defined by the Office of Management and Budget divided by the total Missouri metropolitan wage and salary employment for the metropolitan area for the county signified in the school district number or the city of St. Louis, as reported by the Bureau of Economic Analysis of the United States Department of Commerce for the fourth year preceding the payment year and recalculated upon every decennial census to incorporate counties that are newly added to the description of metropolitan areas; or if no such metropolitan area is established, then:
b. The total Missouri wage and salary disbursements of the micropolitan area as defined by the Office of Management and Budget divided by the total Missouri micropolitan wage and salary employment for the micropolitan area for the county signified in the school district number, as reported by the Bureau of Economic Analysis of the United States Department of Commerce for the fourth year preceding the payment year, if a micropolitan area for such county has been established and recalculated upon every decennial census to incorporate counties that are newly added to the description of micropolitan areas; or
c. If a county is not part of a metropolitan or micropolitan area as established by the Office of Management and Budget, then the county wage per job, as defined in paragraph (a) of this subdivision, shall be used for the school district, as signified by the school district number;
(c) "Regional wage ratio", the ratio of the regional wage per job divided by the state median wage per job;
(d) "State median wage per job", the fifty-eighth highest county wage per job;
(6) "Free and reduced lunch pupil count", the number of pupils eligible for free and reduced lunch on the last Wednesday in January for the preceding school year who were enrolled as students of the district, as approved by the department in accordance with applicable federal regulations;
(7) "Free and reduced lunch threshold" shall be calculated by dividing the total free and reduced lunch pupil count of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, by the total average daily attendance of all included performance districts;
(8) "Limited English proficiency pupil count", the number in the preceding school year of pupils aged three through twenty-one enrolled or preparing to enroll in an elementary school or secondary school who were not born in the United States or whose native language is a language other than English or are Native American or Alaskan native, or a native resident of the outlying areas, and come from an environment where a language other than English has had a significant impact on such individuals' level of English language proficiency, or are migratory, whose native language is a language other than English, and who come from an environment where a language other than English is dominant; and have difficulties in speaking, reading, writing, or understanding the English language sufficient to deny such individuals the ability to meet the state's proficient level of achievement on state assessments described in Public Law 107-10, the ability to achieve successfully in classrooms where the language of instruction is English, or the opportunity to participate fully in society;
(9) "Limited English proficiency threshold" shall be calculated by dividing the total limited English proficiency pupil count of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, by the total average daily attendance of all included performance districts;
(10) "Local effort":
(a) For the fiscal year 2007 calculation, "local effort" shall be computed as the equalized assessed valuation of the property of a school district in calendar year 2004 divided by one hundred and multiplied by the performance levy less the percentage retained by the county assessor and collector plus one hundred percent of the amount received in fiscal year 2005 for school purposes from intangible taxes, fines, escheats, payments in lieu of taxes and receipts from state-assessed railroad and utility tax, one hundred percent of the amount received for school purposes pursuant to the merchants' and manufacturers' taxes under sections 150.010 to 150.370, RSMo, one hundred percent of the amounts received for school purposes from federal properties under sections 12.070 and 12.080, RSMo, except when such amounts are used in the calculation of federal impact aid pursuant to P.L. 81-874, fifty percent of Proposition C revenues received for school purposes from the school district trust fund under section 163.087, and one hundred percent of any local earnings or income taxes received by the district for school purposes. Under this paragraph, for a special district established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, a tax levy of zero shall be utilized in lieu of the performance levy for the special school district;
(b) In every year subsequent to fiscal year 2007, "local effort" shall be the amount calculated under paragraph (a) of this subdivision plus any increase in the amount received for school purposes from fines. If a district's assessed valuation has decreased subsequent to the calculation outlined in paragraph (a) of this subdivision, the district's local effort shall be calculated using the district's current assessed valuation in lieu of the assessed valuation utilized in calculation outlined in paragraph (a) of this subdivision;
(11) "Membership" shall be the average of:
(a) The number of resident full-time students and the full-time equivalent number of part-time students who were enrolled in the public schools of the district on the last Wednesday in September of the previous year and who were in attendance one day or more during the preceding ten school days; and
(b) The number of resident full-time students and the full-time equivalent number of part-time students who were enrolled in the public schools of the district on the last Wednesday in January of the previous year and who were in attendance one day or more during the preceding ten school days, plus the full-time equivalent number of summer school pupils. "Full-time equivalent number of part-time students" is determined by dividing the total number of hours for which all part-time students are enrolled by the number of hours in the school term. "Full-time equivalent number of summer school pupils" is determined by dividing the total number of hours for which all summer school pupils were enrolled by the number of hours required pursuant to section 160.011, RSMo, in the school term. Only students eligible to be counted for average daily attendance shall be counted for membership;
(12) "Operating levy for school purposes", the sum of tax rates levied for teachers' and incidental funds plus the operating levy or sales tax equivalent pursuant to section 162.1100, RSMo, of any transitional school district containing the school district, in the payment year, not including any equalized operating levy for school purposes levied by a special school district in which the district is located;
(13) "Performance district", any district that has met all performance standards and indicators as established by the department of elementary and secondary education for purposes of accreditation under section 161.092, RSMo, and as reported on the final annual performance report for that district each year;
(14) "Performance levy", three dollars and forty-three cents;
(15) "School purposes" pertains to teachers' and incidental funds;
(16) "Special education pupil count", the number of public school students with a current individualized education program and receiving services from the resident district as of December first of the preceding school year, except for special education services provided through a school district established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, in which case the sum of the students in each district within the county exceeding the special education threshold of each respective district within the county shall be counted within the special district and not in the district of residence for purposes of distributing the state aid derived from the special education pupil count;
(17) "Special education threshold" shall be calculated by dividing the total special education pupil count of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, by the total average daily attendance of all included performance districts;
(18) "State adequacy target", the sum of the current operating expenditures of every performance district that falls entirely above the bottom five percent and entirely below the top five percent of average daily attendance, when such districts are rank-ordered based on their current operating expenditures per average daily attendance, divided by the total average daily attendance of all included performance districts [plus the total amount of funds placed in the schools first elementary and secondary education improvement fund in the preceding fiscal year divided by the total average daily attendance of all school districts for the preceding fiscal year]. The department of elementary and secondary education shall first calculate the state adequacy target for fiscal year 2007 and recalculate the state adequacy target every two years using the most current available data[; provided that the state adequacy target shall be recalculated every year to reflect the per-pupil amount of funds placed in the schools first elementary and secondary education improvement fund in the preceding fiscal year]. The recalculation shall never result in a decrease from the previous state adequacy target amount. Should a recalculation result in an increase in the state adequacy target amount, fifty percent of that increase shall be included in the state adequacy target amount in the year of recalculation, and fifty percent of that increase shall be included in the state adequacy target amount in the subsequent year. The state adequacy target may be adjusted to accommodate available appropriations;
(19) "Teacher", any teacher, teacher-secretary, substitute teacher, supervisor, principal, supervising principal, superintendent or assistant superintendent, school nurse, social worker, counselor or librarian who shall, regularly, teach or be employed for no higher than grade twelve more than one-half time in the public schools and who is certified under the laws governing the certification of teachers in Missouri;
(20) "Weighted average daily attendance", the average daily attendance plus the product of twenty-five hundredths multiplied by the free and reduced lunch pupil count that exceeds the free and reduced lunch threshold, plus the product of seventy-five hundredths multiplied by the number of special education pupil count that exceeds the special education threshold, and plus the product of six-tenths multiplied by the number of limited English proficiency pupil count that exceeds the limited English proficiency threshold. For special districts established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, weighted average daily attendance shall be the average daily attendance plus the product of twenty-five hundredths multiplied by the free and reduced lunch pupil count that exceeds the free and reduced lunch threshold, plus the product of seventy-five hundredths multiplied by the sum of the special education pupil count that exceeds the threshold for each county district, plus the product of six-tenths multiplied by the limited English proficiency pupil count that exceeds the limited English proficiency threshold. None of the districts comprising a special district established under sections 162.815 to 162.940, RSMo, in a county with a charter form of government and with more than one million inhabitants, shall use any special education pupil count in calculating their weighted average daily attendance.
163.172. 1. [In school year 1994-95 and thereafter until school year 2006-07, the minimum teacher's salary shall be eighteen thousand dollars. Beginning in school year 2006-07, the minimum teacher's salary shall be twenty-two thousand dollars; in school year 2007-08, the minimum teacher's salary shall be twenty-three thousand dollars; in school year 2008-09, the minimum teacher's salary shall be twenty-four thousand dollars;] Beginning in school year 2009-10 and thereafter, the minimum teacher's salary shall be twenty-five thousand dollars. [Beginning in the school year 1996-97 until school year 2006-07, for any full-time teacher with a master's degree and at least ten years' teaching experience in a public school or combination of public schools, the minimum salary shall be twenty-four thousand dollars. Beginning in the school year 2006-07,] For any full-time teacher with a master's degree [in an academic teaching field] and at least ten years' teaching experience in a public school or combination of public schools, the minimum salary [shall be thirty thousand dollars; in the 2007-08 school year such minimum salary shall be thirty-one thousand dollars; in the 2008-09 school year such minimum salary shall be thirty-two thousand dollars; and] in the 2009-10 school year [such minimum salary] and thereafter, shall be thirty-three thousand dollars.
2. [Beginning with the budget requests for fiscal year 1991,] As used in this section, the following terms mean:
(1) "Full-time", a teacher working under school district contract or for a state school for the severely handicapped, state school for the deaf, or state school for the blind for all school days and hours eligible for attendance of students, including full-time substitute teachers under contract;
(2) "Minimum salary supplement", the difference between the school district's salary schedule and the minimum salary set out in subsection 3 of this section, based on years of teaching experience and the most advanced academic degree held by the teacher;
(3) "Regular school term", a minimum of one hundred seventy-four days and one thousand forty-four hours of pupil attendance possible for students;
(4) "Salary", the salary amount which appears on the teacher's contract for the regular school term. Such term does not include supplements for extra duties, summer school, career ladder, or extensions of the contract year. The minimum salary supplement shall be included in the calculation of "final average salary" under subdivision (8) of section 169.010, RSMo;
(5) "Teacher", all certificated school district personnel who are eligible for tenure and are paid pursuant to the school district teacher salary schedule, including but not limited to teachers, librarians, counselors, and career education instructors.
3. Subject to appropriation and beginning with the 2009-2010 school year, moneys from the Schools First Elementary and Secondary Fund established in section 163.087 shall be appropriated for the purpose of paying public school teacher minimum salary supplements in those districts meeting the qualifications established in subsection 4 of this section. A participating school district shall be responsible only for the contracted amount of a teacher's salary. If the appropriation of the general assembly is insufficient to pay the total cost of all salary supplements, the minimum salary amount of subsection 4 of this section shall be prorated until the amount appropriated is sufficient to make the payments to all participating school districts.
4. To make application and qualify to begin receiving funds under this subsection, a school district shall recognize all years of teacher experience, including but not limited to employment in out-of-state schools, private schools, and public charter schools, regardless of where a teacher is placed on a local salary schedule. Beginning in school year 2009-10 and thereafter the minimum teacher's salary shall be twenty-seven thousand dollars.
5. Any future increase in minimum salaries established under subsection 4 of this section shall be contingent upon decreases in total state payments to all districts made under this section. The second fiscal year following the fiscal year in which the state cost of funding the minimum salary program is eighty-five percent or less of the full funding cost for the first school year of the state funding of minimum salaries for teachers under this section, the value of the base level of minimum salary shall be increased by five hundred dollars.
6. The commissioner of education shall present to the appropriate committees of the general assembly information on the average Missouri teacher's salary, regional average salary data, and national average salary data.
[3.] 7. All school salary information shall be public information.
[4. As used in this section, the term "salary" shall be defined as the salary figure which appears on the teacher's contract and as determined by the local school district's basic salary schedule and does not include supplements for extra duties.
5. The minimum salary for any fully certificated teacher employed on a less than full-time basis by a school district, state school for the severely handicapped, the Missouri School for the Deaf, or the Missouri School for the Blind shall be prorated to reflect the amounts provided in subsection 1 of this section.]
8. The state board of education shall issue rules and regulations as necessary for the efficient and effective implementation of this section. 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 pursuant to 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, 2009, shall be invalid and void.
168.110. The board of education of a school district may modify an indefinite contract annually on or before the fifteenth day of May in the following particulars:
(1) Determination of the date of beginning and length of the next school year;
(2) Fixing the amount of annual compensation for the following school year as provided by the salary schedule adopted by the board of education applicable to all teachers who are similar in relevant experience and credentials, not limited to years of teaching experience and academic credentials. A salary schedule may include other qualifications in addition to experience and credentials, such as measurable classroom performance, as long as the schedule applies equitably to all teachers who are similar in such qualifications.
The modifications shall be effective at the beginning of the next school year. All teachers affected by the modification shall be furnished written copies of the modifications within thirty days after their adoption by the board of education.
168.124. 1. The board of education of a school district may place on leave of absence as many teachers as may be necessary because of a decrease in pupil enrollment, school district reorganization or the financial condition of the school district. In placing teachers on leave, the board of education shall be governed by the following provisions:
(1) No permanent teacher shall be placed on leave of absence while probationary teachers are retained in positions for which a permanent teacher is qualified;
(2) Permanent teachers shall be retained on the basis of performance-based evaluations and seniority [(however, seniority shall not be controlling)] within the field of specialization; however, seniority shall not be controlling;
(3) Permanent teachers shall be reinstated to the positions from which they have been given leaves of absence, or if not available, to positions requiring like training and experience, or to other positions in the school system for which they are qualified by training and experience;
(4) No appointment of new teachers shall be made while there are available teachers on unrequested leave of absence who are properly qualified to fill such vacancies;
(5) A teacher placed on leave of absence may engage in teaching or another occupation during the period of such leave;
(6) The leave of absence shall not impair the tenure of a teacher;
(7) The leave of absence shall continue for a period of not more than three years unless extended by the board.
2. Should a board of education choose to utilize the mechanism for reducing teacher forces as provided in subsection 1 of this section in an attempt to manage adverse financial conditions caused at least partially by a withholding of, or a decrease or less than expected increase in, education appropriations, then the district additionally shall follow the provisions of subsection 3 of this section.
3. If a school district has an unrestricted combined ending fund balance of more than ten percent of current expenditures in its teachers' and incidental funds, and in the subsequent fiscal year such district, because of state appropriations, places a contracted teacher on leave of absence after forty days subsequent to the governor signing the elementary and secondary education appropriation bill, the district shall pay the affected teacher the greater of his or her salary for any days worked under the contract, or a sum equal to three thousand dollars.
168.211. 1. In metropolitan districts the superintendent of schools shall be appointed by the board of education for a term of [one to] no more than five years[, during which term his compensation shall not be reduced. The superintendent of schools may appoint, with the approval of the board, a treasurer, a commissioner of school buildings and he shall serve at the pleasure of the superintendent of schools and as many associate and assistant superintendents as he deems necessary, whose compensation shall be fixed by the board. The superintendent of schools shall give bond in the sum that the board requires but not less than fifty thousand dollars]. No employee or agent of the board shall be a member of the board.
2. The superintendent of schools shall have general supervision, subject to policies established by the board, of the school system, including its [various departments and physical properties,] courses of instruction, discipline and conduct of the schools, textbooks and studies. All appointments, promotions and transfers of teachers and all other employees, and introduction and changes of textbooks and apparatus, shall be [made by the superintendent with the approval of the board] upon the initial recommendation of the principal of the building to which the teacher or employee is assigned, and the approval of the superintendent. All appointments and promotions of teachers and all other employees shall be made upon the basis of merit[, to be ascertained, as far as practicable, in cases of appointment, by examination, and in cases of promotion, by length and character of service. Examinations for appointment shall be conducted by the superintendent under regulations to be made by the board. He shall make such reports to the board that it directs or the rules provide]. The superintendent shall hire the administrative staff who shall serve unless a majority of all the members of the board disapproves any appointment.
3. [The superintendent of schools shall have general supervision, subject to policies established by the board, of all school buildings, apparatus, equipment and school grounds and of their construction, installation, operation, repair, care and maintenance; the purchasing of all supplies and equipment; the operation of the school lunchrooms; the administration of examinations for the appointment and promotion of all employees of the school system; and the preparation and administration of the annual budget for the school system. Subject to the approval of the board of education as to number and salaries, the superintendent may appoint as many employees as are necessary for the proper performance of his duties.
4.] The board may grant a leave of absence to the superintendent of schools, and may remove him from office by vote of a majority of all of its members.
[5. Should the superintendent hire a commissioner of school buildings, said person shall be a person qualified by reason of education, experience and general familiarity with buildings and personnel to assume the following responsibilities and duties. Subject to the control of the superintendent of schools, he shall exercise supervision over all school buildings, machinery, heating systems, equipment, school grounds and other buildings and premises of the board of education and the construction, installation, operation, repair, care and maintenance related thereto and the personnel connected therewith; the purchasing of building supplies and equipment and such other duties as may be assigned to him by board rules or regulations.]
168.291. Whenever it is necessary to decrease the number of employees because of insufficient funds or decrease in pupil enrollment or lack of work the board of education may cause the necessary number of employees, beginning with those serving probationary periods, to be placed on leave of absence without pay[, but only in the inverse order of their appointment. Each employee placed on leave of absence shall be reinstated in inverse order of his placement on leave of absence. Such reemployment shall not result in a loss of status or credit for previous periods of service. No new appointments shall be made while there are available employees on leave of absence who have not attained the age of seventy years and who are adequately qualified to fill the vacancy in the particular department unless the employees fail to advise the board within thirty days from date of notification by the board that positions are available to them, that they will return to employment, and will assume the duties of the position to which they are appointed not later than the beginning of the month following the date of the notice by the board].
168.711. 1. Beginning in fiscal year 2011 and ending in fiscal year 2016, the general assembly shall make an annual appropriation of twenty million dollars from the schools first elementary and secondary fund established in section 163.087, RSMo, to be distributed to school districts for a pilot project to recognize excellence in performance by instructional personnel and school-based administrators in participating districts.
2. In order to be eligible for funding under this section, a school district board shall adopt an excellence award program plan that provides for assessment and an award based on the performance of teachers and students assigned to schools in participating districts under subsection 3 of this section. All instructional personnel and school-based administrators, as defined by the department through rule, are eligible to receive excellence awards, with the exception of substitute teachers. In order to receive an excellence award under this section, instructional personnel shall be assessed on the performance of students assigned to their classrooms or within their academic sphere of responsibility. The district school board may not require instructional personnel or school-based administrators to apply for an award, or make any presentation, in order to be assessed for or receive an excellence award. The department of elementary and secondary education may not distribute any portion of prorated funding to a district, if the district chooses not to adopt an excellence award program plan under this section. Undistributed funds shall revert to the fund from which the appropriation was made.
3. The district's award plan shall be based on the elements listed below. No district shall be permitted to continue to participate unless it submits its external building evaluation data under opportunity 2 annually to the joint committee on education and annually makes the data available to the school community in conjunction with the information required for annual performance reports. Opportunity 1 shall be an individual award based on the teacher's performance; opportunities 2, 3, and 4 shall be awarded to all teachers assigned to the building.
(1) Opportunity 1 consists of teacher-controlled variables as provided in this subsection. An individual teacher may earn two and five-tenths percent of his or her base salary by:
(a) Submitting a portfolio, which shall include but not be limited to, grade level expectations, a curriculum outline for the year, daily lesson plans, past student work, current student work, discipline plan, and notes for substitute teachers; and
(b) Achieving a ninety-five percent personal attendance rate.
(2) Opportunity 2 consists of ground level expectations as provided in this subsection. Teachers assigned to the building may earn:
(a) Two and five-tenths percent of their base salaries if the building:
a. Conducts an external evaluation of the building's performance with anonymous surveys of parents, teachers, administrators and nonteaching staff, and students, which includes:
(i) If a high school building, the creation of a student evaluation council composed of no more than ten percent of the senior class selected at the beginning of the second semester of the senior year from students who have a career grade-point average of at least three points on a four-point scale or equivalent, to participate in three meetings with the superintendent, building administrator, and selected faculty to conduct exit interviews and anonymous questionnaires and to be available for a followup on academic preparation and job readiness the year after graduation; or
(ii) If not a high school building, the implementation of an age-appropriate exit-year interview to gather information on school climate and a survey with anonymous questionnaires taken from a random sample of the building's parents, teachers, staff, and students; and
b. Increases either student attendance or graduation rate by two percentage points over the last year's rate; or
(b) One percent of their base salaries by maintaining at least ninety-three percent student attendance and a ninety percent graduation rate.
(3) Opportunity 3 consists of achieving certain levels on Missouri assessment program scores as provided in this subsection. Teachers assigned to the building may earn:
(a) Two and five-tenths percent of their base salaries by increasing the scores on the building's performance index status measure for any two of the mathematics, communication arts, or science assessments by one performance level over the last year; or
(b) One percent of their base salaries by:
a. Raising one of the three assessment status measures to the high 1 or high 2 level; or
b. Maintaining two out of three assessment status measures at the high 1 or high 2 level.
(4) Opportunity 4 consists of a building progress report as provided in this subsection. Teachers assigned to the building may earn:
(a) Two and five-tenths percent of their base salaries by scoring "met" on two accreditation performance indicators that had been scored "not met" on last year's annual performance report; or
(b) One percent of their base salaries by scoring "met" on one accreditation performance indicator that was scored "not met" last year or maintaining accreditation with at least twelve of the fourteen performance criteria met for a building with high school grades or six of seven for elementary, middle school, or junior high school buildings.
4. In order for a district to develop a plan to participate in the excellence award program, a majority vote of the certificated teachers of the district shall be required. The department shall create a web-based ballot that permits a district's certificated teachers to vote using a method that requires a unique identifier or other means to ensure validity. Voting shall be a confidential process. The department shall report the district's results to the district.
5. Each district school board shall inform its employees of the criteria and procedures associated with the excellence award program plan.
6. Each person who qualifies for an award is required to be an employee of the school district in the fiscal year during which award funds are distributed.
7. Nothing in this section shall be construed to be an element of any school district salary schedule as referred to in subdivision (2) of section 168.110.
8. The joint committee on education shall review the impact of the excellence award program during fiscal year 2013 and again in fiscal year 2015 and shall make recommendations about the continuation of the program for legislative action prior to the scheduled end of the program under subsection 9 of this section. In its review, the joint committee shall consider information from all stakeholders and may issue a request for proposals from any organization without an interest in the matter to conduct research that it deems necessary.
9. Under section 23.253, RSMo, of the Missouri Sunset Act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
10. 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 pursuant to 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, 2009, shall be invalid and void.
168.714. 1. Any certificated teacher who is hired after August 28, 2009, by a school district that meets the requirements of subsection 2 of this section may apply for and be awarded a recruitment stipend of two thousand five hundred dollars, or, in the case of teachers certificated in mathematics or science, as determined by rule of the department of elementary and secondary education, a stipend of five thousand dollars.
2. For its teachers to be eligible for a stipend under subsection 1 of this section, a district shall have a minimum salary of at least twenty-seven thousand dollars and either of the following requirements:
(1) It shall be unaccredited, provisionally accredited, or interim accredited in its current Missouri school improvement program cycle status; or
(2) It shall have an assessed valuation in the second preceding year of seventy thousand dollars or less per student as determined by the district's membership enrollment for the preceding year.
3. No teacher who has accepted a recruitment stipend shall be eligible for another such stipend unless ten full academic years have elapsed from the granting of the previous stipend. A teacher who has received a stipend under this section shall be required to refund a prorated share of the stipend if he or she leaves the employment of the district within three school years after receiving the stipend. A teacher who leaves the employment of the district during the school year in which he or she receives the stipend or within the first full school year after receiving the stipend shall refund seventy percent of the stipend. A teacher who leaves the employment of the district during the second full school year after receiving the stipend shall refund sixty percent of the stipend. A teacher who leaves the employment of the district during the third full school year after receiving the stipend shall refund sixty percent of the stipend.
4. The stipend granted under this section shall be used in the calculation of final average salary for retirement. The provisions of this section are subject to appropriations from the schools first elementary and secondary education fund established under section 163.087, RSMo.
5. Every school district, whether it qualifies for the stipend under this section or not, shall demonstrate a good faith effort in recruiting teachers for special shortage areas. The department shall determine by rule what constitutes a good faith effort, which may include but not be limited to the following:
(1) Prominent identification of the position as a shortage area in its posting;
(2) Posting on the centralized web page available through the department's web site; and
(3) Demonstration of offers made to teachers who are certificated in the required subject area, which includes teachers certificated under any path described in section 168.021.
This subsection shall not require a district to hire any qualified applicant or the only qualified applicant. Districts that do not make a good faith effort to recruit may be subject to a withholding of up to one percent of their basic formula payment under subsection 1 of section 163.031, RSMo.
6. Under section 23.253, RSMo, of the Missouri Sunset Act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
168.716. 1. Each certificated teacher with a base salary of fifty thousand dollars or less who is employed by a school district that meets the requirements of subsection 2 of this section who attains at least five full years of experience as a teacher in a Missouri school, including private and charter school experience, as of August 28, 2009, or later, and who is still employed by the same school district as of August 28, 2010, shall be designated as a special consultant and shall receive, upon appropriation by the general assembly, an amount designated for this purpose, a stipend of two thousand five hundred dollars during the school year in which the teacher reaches his or her fifth year of service.
2. For its teachers to be eligible for a stipend under subsection 1 of this section, a district shall meet the following requirements:
(1) It shall be neither unaccredited, provisionally accredited, nor interim accredited in its current Missouri school improvement program cycle status during the year of the award; and
(2) It shall have an assessed valuation in the second preceding year of seventy thousand dollars or less per student as determined by the district's membership enrollment for the preceding year.
3. The stipend granted under this section shall be used in the calculation of final average salary for retirement. The provisions of this section are subject to appropriations from the schools first elementary and secondary education fund established under section 163.087, RSMo.
4. A teacher who has received a stipend under this section shall be required to refund a prorated share of the stipend if he or she leaves the employment of the district within three school years after receiving the stipend. A teacher who leaves the employment of the district during the school year in which he or she receives the stipend or within the first full school year after receiving the stipend shall refund seventy percent of the stipend. A teacher who leaves the employment of the district during the second full school year after receiving the stipend shall refund sixty percent of the stipend. A teacher who leaves the employment of the district during the third full school year after receiving the stipend shall refund sixty percent of the stipend.
5. Under section 23.253, RSMo, of the Missouri Sunset Act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
168.720. 1. When any school district that is unaccredited, interim accredited, or provisionally accredited in its Missouri school improvement program cycle status as of April 30, 2009, achieves accreditation without provisions, any certificated teacher with a base pay of fifty thousand dollars or less who is employed by the district on the date of the state board decision to award full accreditation shall receive an accreditation stipend of two thousand five hundred dollars.
2. The stipend granted under this section shall be used in the calculation of final average salary for retirement. No district shall be eligible for the stipend more than once. A teacher who has received a stipend under this section shall be required to refund a prorated share of the stipend if he or she leaves the employment of the district within three school years after receiving the stipend. A teacher who leaves the employment of the district during the school year in which he or she receives the stipend or within the first full school year after receiving the stipend shall refund seventy percent of the stipend. A teacher who leaves the employment of the district during the second full school year after receiving the stipend shall refund sixty percent of the stipend. A teacher who leaves the employment of the district during the third full school year after receiving the stipend shall refund sixty percent of the stipend. The provisions of this section are subject to appropriations from the schools first elementary and secondary education fund established under section 163.087, RSMo.
3. Under section 23.253, RSMo, of the Missouri Sunset Act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.
Section B. Because immediate action is necessary to clarify potential school scheduling and funding problems, the repeal and reenactment of sections 160.534, 163.011, and 163.172 of section A of this act are deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and the repeal and reenactment of sections 160.534, 163.011, and 163.172 of section A of this act are hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of sections 160.534, 163.011, and 163.172 of section A of this act shall be in full force and effect on July 1, 2009, or upon its passage and approval, whichever later occurs.
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