FIRST REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES KINGERY (Sponsor), SCHOEMEHL, HOSKINS (121), BIVINS, THOMSON, DIXON, McNEIL, SCHUPP, STORCH, KRAUS, DENISON, KUESSNER AND RUESTMAN (Co-sponsors).
1968L.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 160.545, RSMo, and to enact in lieu thereof two new sections relating to the Missouri promise program.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 160.545, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 160.545 and 173.268, to read as follows:
160.545. 1. There is hereby established within the department of elementary and secondary education the "A+ Schools Program" to be administered by the commissioner of education. The program shall consist of grant awards made to public secondary schools that demonstrate a commitment to ensure that:
(1) All students be graduated from school;
(2) All students complete a selection of high school studies that is challenging and for which there are identified learning expectations; and
(3) All students proceed from high school graduation to a college or postsecondary vocational or technical school or high-wage job with work place skill development opportunities.
2. The state board of education shall promulgate rules and regulations for the approval of grants made under the program to schools that:
(1) Establish measurable districtwide performance standards for the goals of the program outlined in subsection 1 of this section; and
(2) Specify the knowledge, skills and competencies, in measurable terms, that students must demonstrate to successfully complete any individual course offered by the school, and any course of studies which will qualify a student for graduation from the school; and
(3) Do not offer a general track of courses that, upon completion, can lead to a high school diploma; and
(4) Require rigorous coursework with standards of competency in basic academic subjects for students pursuing vocational and technical education as prescribed by rule and regulation of the state board of education; and
(5) Have a partnership plan developed in cooperation and with the advice of local business persons, labor leaders, parents, and representatives of college and postsecondary vocational and technical school representatives, with the plan then approved by the local board of education. The plan shall specify a mechanism to receive information on an annual basis from those who developed the plan in addition to senior citizens, community leaders, and teachers to update the plan in order to best meet the goals of the program as provided in subsection 1 of this section. Further, the plan shall detail the procedures used in the school to identify students that may drop out of school and the intervention services to be used to meet the needs of such students. The plan shall outline counseling and mentoring services provided to students who will enter the work force upon graduation from high school, address apprenticeship and intern programs, and shall contain procedures for the recruitment of volunteers from the community of the school to serve in schools receiving program grants.
3. A school district may participate in the program irrespective of its accreditation classification by the state board of education, provided it meets all other requirements.
4. By rule and regulation, the state board of education may determine a local school district variable fund match requirement in order for a school or schools in the district to receive a grant under the program. However, no school in any district shall receive a grant under the program unless the district designates a salaried employee to serve as the program coordinator, with the district assuming a minimum of one-half the cost of the salary and other benefits provided to the coordinator. Further, no school in any district shall receive a grant under the program unless the district makes available facilities and services for adult literacy training as specified by rule of the state board of education.
5. For any school that meets the requirements for the approval of the grants authorized by this section and specified in subsection 2 of this section for three successive school years, by August first following the third such school year, the commissioner of education shall present a plan to the superintendent of the school district in which such school is located for the waiver of rules and regulations to promote flexibility in the operations of the school and to enhance and encourage efficiency in the delivery of instructional services in the school. The provisions of other law to the contrary notwithstanding, the plan presented to the superintendent shall provide a summary waiver, with no conditions, for the pupil testing requirements pursuant to section 160.257 in the school. Further, the provisions of other law to the contrary notwithstanding, the plan shall detail a means for the waiver of requirements otherwise imposed on the school related to the authority of the state board of education to classify school districts pursuant to subdivision (9) of section 161.092, RSMo, and such other rules and regulations as determined by the commissioner of education, except such waivers shall be confined to the school and not other schools in the school district unless such other schools meet the requirements of this subsection. However, any waiver provided to any school as outlined in this subsection shall be void on June thirtieth of any school year in which the school fails to meet the requirements for the approval of the grants authorized by this section as specified in subsection 2 of this section.
6. For any school year, grants authorized by subsections 1 to 3 of this section shall be funded with the amount appropriated for this program[, less those funds necessary to reimburse eligible students pursuant to subsection 7 of this section.
7. The commissioner of education shall, by rule and regulation of the state board of education and with the advice of the coordinating board for higher education, establish a procedure for the reimbursement of the cost of tuition, books and fees to any public community college or within the limits established in subsection 9 of this section any two-year public or private vocational or technical school for any student:
(1) Who has attended a public high school in the state for at least three years immediately prior to graduation that meets the requirements of subsection 2 of this section, except that students who are active duty military dependents who, in the school year immediately preceding graduation, meet all other requirements of this subsection and are attending a school that meets the requirements of subsection 2 of this section shall be exempt from the three-year attendance requirement of this subdivision; and
(2) Who has made a good faith effort to first secure all available federal sources of funding that could be applied to the reimbursement described in this subsection; and
(3) Who has earned a minimal grade average while in high school as determined by rule of the state board of education, and other requirements for the reimbursement authorized by this subsection as determined by rule and regulation of said board.
8. The commissioner of education shall develop a procedure for evaluating the effectiveness of the program described in this section. Such evaluation shall be conducted annually with the results of the evaluation provided to the governor, speaker of the house, and president pro tempore of the senate.
9. For a two-year public or private vocational or technical school to obtain reimbursements under subsection 7 of this section, except for those schools that are receiving reimbursements on August 28, 2008, the following requirements shall be satisfied:
(1) Such two-year public or private vocational or technical school shall be a member of the North Central Association and be accredited by the Higher Learning Commission as of July 1, 2008, and maintain such accreditation;
(2) Such two-year public or private vocational or technical school shall be designated as a 501(c)(3) nonprofit organization under the Internal Revenue Code of 1986, as amended;
(3) No two-year public or private vocational or technical school shall receive tuition reimbursements in excess of the tuition rate charged by a public community college for course work offered by the private vocational or technical school within the service area of such college; and
(4) The reimbursements provided to any two-year private vocational or technical school shall not violate the provisions of article IX, section 8, or article I, section 7, of the Missouri Constitution or the first amendment of the United States Constitution].
173.268. 1. There is hereby established within the department of higher education the "Missouri Promise Program" to be administered by the commissioner of higher education. The scholarship created in subsection 2 of this section shall be considered as the successor program to the A+ reimbursement program that was created in subsection 7 of section 160.545, RSMo.
2. For the academic year 2009-2010 and subsequent years the commissioner of higher education shall, by rule and regulation of the coordinating board for higher education, establish scholarships, based on the cost of tuition and fees at any public community college or vocational or technical school, for use at any public community college or vocational or technical school or within the limits established in subsection 7 of this section at any two-year private vocational or technical school for any student who:
(1) Has attended a public high school in the state for at least three years immediately prior to graduation, except that students who are active duty military dependents who, in the school year immediately preceding graduation, meet all other requirements of this subsection shall be exempt from the three-year attendance requirement of this subdivision;
(2) Has made a good faith effort to first secure all available federal and state sources of nonrepayable financial assistance that could be applied to the student's tuition and fees;
(3) Has earned a grade point average of two and one half points or higher on a four-point scale, or the equivalent on another scale while in high school as determined by rule of the coordinating board for higher education, and other requirements for the scholarship authorized by this subsection as determined by rule and regulation of the board;
(4) Enrolls as a full-time student at any public community college or vocational or technical school or within the limits established in subsection 7 of this section at any two-year private vocational or technical school within nine months of graduating from high school;
(5) Maintains full-time enrollment; and
(6) Maintains a grade point average of two and five-tenths points or higher on a four-point scale or the equivalent on another scale, during the student's enrollment while receiving a scholarship under the provisions of this subsection.
3. For the purposes of subsection 4 of this section:
(1) "Average tuition" shall be the sum of the tuition amounts for the academic year in which the scholarships will be granted for any approved public institution that meets the conditions set forth in subdivision (3) of section 173.1102 and in addition offers baccalaureate degrees;
(2) "Tuition" shall have the definition ascribed to under subsection 7 of section 173.1003.
4. For the academic year 2009-2010 and subsequent years, in addition, the commissioner of higher education shall, by rule and regulation of the coordinating board for higher education, establish a procedure for the provision of scholarships, the amount of which shall not exceed the lesser of either the tuition for the relevant student or the average tuition to any approved public institution that meets the conditions set forth in subdivision (3) of section 173.1102, and in addition offers baccalaureate degrees. The amount of each scholarship shall be reduced by the amount of a student's award under the federal Pell Grant program and any award received under section 173.1105.
5. Scholarships shall be awarded to any student who has:
(1) (a) For the 2009-2010 academic year, received a reimbursement under subsection 7 of section 160.545, RSMo, during the 2008-2009 academic year;
(b) For the 2010-2011 academic year and subsequent years, received a scholarship under subsection 2 of this section;
(2) Completed an associate of arts degree, an associate's degree that contains the forty-two-hour general education block, or an associate's degree in a program that is part of an articulation agreement recognized by the coordinating board for higher education and enrolls in an approved public institution under subsection 4 of this section within nine months of completing the associate's degree described in this subdivision;
(3) Received a scholarship under subsection 4 of this section for no more than six semesters;
(4) Made a good faith effort to first secure all available federal and state source of nonrepayable financial assistance that could be applied to the student's tuition and fees;
(5) Maintained full-time enrollment; and
(6) Maintained a grade point average of three points or higher on a four-point scale or the equivalent on another scale, during the student's enrollment while receiving a scholarship under the provisions of subsection 4 of this section.
6. In the event a student receiving a scholarship under subsection 4 of this section has a cumulative grade point average that falls below three points on a four-point scale or the equivalent on another scale at the end of a semester, the student shall be granted a one-semester grace period from the grade point requirement of subdivision (6) of subsection 5 of this section. If the student's grades in the subsequent semester are insufficient to raise the student's cumulative average to three points or more on a four-point scale or the equivalent on another scale, the student shall lose eligibility for the program established under subsection 4 of this section.
7. For a two-year private vocational or technical school to accept scholarships under subsection 2 of this section, the following requirements shall be satisfied:
(1) Such two-year public or private vocational or technical school shall be a member of the North Central Association and be accredited by the Higher Learning Commission as of July 1, 2008, and maintain such accreditation;
(2) Such two-year private vocational or technical school shall be designated as a 501(c)(3) nonprofit organization under the Internal Revenue Code of 1986, as amended;
(3) No two-year private vocational or technical school shall receive scholarships in excess of the tuition rate charged by a public community college for course work offered by the private vocational or technical school within the service area of such college; and
(4) The scholarships provided to any two-year private vocational or technical school shall not violate the provisions of article IX, section 8, or article I, section 7, of the Missouri Constitution or the first amendment of the United States Constitution.
8. If appropriated funds are insufficient to fund all eligible students, the department shall adjust scholarship amounts, in the following order of priority:
(1) Students eligible for scholarships under subsection 2 of this section. If appropriated funds are insufficient to fund all students eligible under subsection 2 of this section, scholarship amounts shall be reduced equally for all such students;
(2) Students eligible for scholarships under subsection 4 of this section. If appropriated funds are insufficient to fund all students eligible under subsection 4 of this section, scholarship amounts shall be reduced equally for all such students.
9. The commissioner of higher education shall develop a procedure for evaluating the effectiveness of the program described in this section. Such evaluation shall be conducted biannually with the results of the evaluation provided to the governor, speaker of the house, and president pro tempore of the senate.
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.
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