SECOND REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE NO. 2 FORHOUSE BILL NO. 1543

95TH GENERAL ASSEMBLY

     Reported from the Committee on Education, May 3, 2010, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

3136S.05C

AN ACT

To repeal sections 37.710, 160.261, 160.400, 160.405, 160.410, 160.420, 160.522, 160.545, 160.660, 160.775, 161.209, 161.650, 162.081, 162.720, 163.031, 163.036, 167.020, 167.022, 167.023, 167.029, 167.115, 167.117, 167.151, 167.161, 167.164, 167.621, 167.624, 167.627, 167.630, 168.021, 168.071, 168.104, 168.133, 168.151, 168.221, 168.500, 168.515, 177.161, 177.171, 178.693, 178.695, 210.102, 210.135, 210.145, 210.152, 210.915, 210.922, and 556.037, RSMo, and to enact in lieu thereof sixty-two new sections relating to elementary and secondary education, with penalty provisions, an effective date for a certain section and an emergency clause for certain sections.

Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A.  Sections 37.710, 160.261, 160.400, 160.405, 160.410, 160.420, 160.522, 160.545, 160.660, 160.775, 161.209, 161.650, 162.081, 162.720, 163.031, 163.036, 167.020, 167.022, 167.023, 167.029, 167.115, 167.117, 167.151, 167.161, 167.164, 167.621, 167.624, 167.627, 167.630, 168.021, 168.071, 168.104, 168.133, 168.151, 168.221, 168.500, 168.515, 177.161, 177.171, 178.693, 178.695, 210.102, 210.135, 210.145, 210.152, 210.915, 210.922, and 556.037, RSMo, are repealed and sixty-two new sections enacted in lieu thereof, to be known as sections 37.710, 160.085, 160.261, 160.262, 160.353, 160.355, 160.400, 160.405, 160.410, 160.420, 160.522, 160.545, 160.660, 160.775, 161.209, 161.370, 161.650, 162.014, 162.068, 162.069, 162.081, 162.720, 162.1195, 162.1196, 163.031, 163.036, 163.410, 167.020, 167.022, 167.023, 167.029, 167.115, 167.117, 167.128, 167.151, 167.161, 167.164, 167.621, 167.624, 167.627, 167.630, 168.017, 168.021, 168.071, 168.104, 168.133, 168.151, 168.221, 168.500, 168.515, 173.231, 177.161, 177.171, 178.693, 178.695, 210.102, 210.135, 210.145, 210.152, 210.915, 210.922, and 556.037, to read as follows:

            37.710.  1.  The office shall have access to the following information:

            (1)  The names and physical location of all children in protective services, treatment, or other programs under the jurisdiction of the children's division, the department of mental health, and the juvenile court;

            (2)  All written reports of child abuse and neglect; and

            (3)  All current records required to be maintained pursuant to chapters 210 and 211, RSMo.  

            2.  The office shall have the authority:

            (1)  To communicate privately by any means possible with any child under protective services and anyone working with the child, including the family, relatives, courts, employees of the department of social services and the department of mental health, and other persons or entities providing treatment and services;

            (2)  To have access, including the right to inspect, copy and subpoena records held by the clerk of the juvenile or family court, juvenile officers, law enforcement agencies, institutions, public or private, and other agencies, or persons with whom a particular child has been either voluntarily or otherwise placed for care, or has received treatment within this state or in another state;

            (3)  To work in conjunction with juvenile officers and guardians ad litem;

            (4)  To file any findings or reports of the child advocate regarding the parent or child with the court, and issue recommendations regarding the disposition of an investigation, which may be provided to the court and to the investigating agency;

            (5)  To file amicus curiae briefs on behalf of the interests of the parent or child;

            [(5)]  (6)  To initiate meetings with the department of social services, the department of mental health, the juvenile court, and juvenile officers;

            [(6)]  (7)  To take whatever steps are appropriate to see that persons are made aware of the services of the child advocate's office, its purpose, and how it can be contacted;

            [(7)]  (8)  To apply for and accept grants, gifts, and bequests of funds from other states, federal, and interstate agencies, and independent authorities, private firms, individuals, and foundations to carry out his or her duties and responsibilities.  The funds shall be deposited in a dedicated account established within the office to permit moneys to be expended in accordance with the provisions of the grant or bequest; and

            [(8)]  (9)  Subject to appropriation, to establish as needed local panels on a regional or county basis to adequately and efficiently carry out the functions and duties of the office, and address complaints in a timely manner.  

            3.  For any information obtained from a state agency or entity under sections 37.700 to 37.730, the office of child advocate shall be subject to the same disclosure restrictions and confidentiality requirements that apply to the state agency or entity providing such information to the office of child advocate.  For information obtained directly by the office of child advocate under sections 37.700 to 37.730, the office of child advocate shall be subject to the same disclosure restrictions and confidentiality requirements that apply to the children's division regarding information obtained during a child abuse and neglect investigation resulting in an unsubstantiated report.  

            160.085.  The provisions of sections 37.710, 160.085, 160.261, 160.262, 162.014, 162.068, 162.069, 168.021, 168.071, 168.133, 210.135, 210.145, 210.152, 210.915, 210.922, and 556.037 relating to protecting children from sexual offenders shall be known as the "Amy Hestir Student Protection Act".

            160.261.  1.  The local board of education of each school district shall clearly establish a written policy of discipline, including the district's determination on the use of corporal punishment and the procedures in which punishment will be applied.  A written copy of the district's discipline policy and corporal punishment procedures, if applicable, shall be provided to the pupil and parent or legal guardian of every pupil enrolled in the district at the beginning of each school year and also made available in the office of the superintendent of such district, during normal business hours, for public inspection.  All employees of the district shall annually receive instruction related to the specific contents of the policy of discipline and any interpretations necessary to implement the provisions of the policy in the course of their duties, including but not limited to approved methods of dealing with acts of school violence, disciplining students with disabilities and instruction in the necessity and requirements for confidentiality.  

            2.  The policy shall require school administrators to report acts of school violence to all teachers at the attendance center and in addition, to other school district employees with a need to know.  For the purposes of this chapter or chapter 167, RSMo, "need to know" is defined as school personnel who are directly responsible for the student's education or who otherwise interact with the student on a professional basis while acting within the scope of their assigned duties.  As used in this section, the phrase "act of school violence" or "violent behavior" means the exertion of physical force by a student with the intent to do serious physical injury as defined in subdivision (6) of section 565.002, RSMo, to another person while on school property, including a school bus in service on behalf of the district, or while involved in school activities.  The policy shall at a minimum require school administrators to report, as soon as reasonably practical, to the appropriate law enforcement agency any of the following crimes, or any act which if committed by an adult would be one of the following crimes:

            (1)  First degree murder under section 565.020, RSMo;

            (2)  Second degree murder under section 565.021, RSMo;

            (3)  Kidnapping under section 565.110, RSMo;

            (4)  First degree assault under section 565.050, RSMo;

            (5)  Forcible rape under section 566.030, RSMo;

            (6)  Forcible sodomy under section 566.060, RSMo;

            (7)  Burglary in the first degree under section 569.160, RSMo;

            (8)  Burglary in the second degree under section 569.170, RSMo;

            (9)  Robbery in the first degree under section 569.020, RSMo;

            (10)  Distribution of drugs under section 195.211, RSMo;

            (11)  Distribution of drugs to a minor under section 195.212, RSMo;

            (12)  Arson in the first degree under section 569.040, RSMo;

            (13)  Voluntary manslaughter under section 565.023, RSMo;

            (14)  Involuntary manslaughter under section 565.024, RSMo;

            (15)  Second degree assault under section 565.060, RSMo;

            (16)  Sexual assault under section 566.040, RSMo;

            (17)  Felonious restraint under section 565.120, RSMo;

            (18)  Property damage in the first degree under section 569.100, RSMo;

            (19)  The possession of a weapon under chapter 571, RSMo;

            (20)  Child molestation in the first degree pursuant to section 566.067, RSMo;

            (21)  Deviate sexual assault pursuant to section 566.070, RSMo;

            (22)  Sexual misconduct involving a child pursuant to section 566.083, RSMo;

            (23)  Sexual abuse pursuant to section 566.100, RSMo;

            (24)  Harassment under section 565.090, RSMo; or

            (25)  Stalking under section 565.225, RSMo; committed on school property, including but not limited to actions on any school bus in service on behalf of the district or while involved in school activities.  The policy shall require that any portion of a student's individualized education program that is related to demonstrated or potentially violent behavior shall be provided to any teacher and other school district employees who are directly responsible for the student's education or who otherwise interact with the student on an educational basis while acting within the scope of their assigned duties.  The policy shall also contain the consequences of failure to obey standards of conduct set by the local board of education, and the importance of the standards to the maintenance of an atmosphere where orderly learning is possible and encouraged.  

            3.  The policy shall provide that any student who is on suspension for any of the offenses listed in subsection 2 of this section or any act of violence or drug-related activity defined by school district policy as a serious violation of school discipline pursuant to subsection 9 of this section shall have as a condition of his or her suspension the requirement that such student is not allowed, while on such suspension, to be within one thousand feet of any [public] school property in the school district where such student attended school or any activity of that district, regardless of whether or not the activity takes place on district property unless:

            (1)  Such student is under the direct supervision of the student's parent, legal guardian, or custodian and the superintendent or the superintendent's designee has authorized the student to be on school property;

            (2)  Such student is under the direct supervision of another adult designated by the student's parent, legal guardian, or custodian, in advance, in writing, to the principal of the school which suspended the student and the superintendent or the superintendent's designee has authorized the student to be on school property;

            (3)  Such student is enrolled in and attending an alternative school that is located within one thousand feet of a public school in the school district where such student attended school; or

            (4)  Such student resides within one thousand feet of any public school in the school district where such student attended school in which case such student may be on the property of his or her residence without direct adult supervision.

            4.  Any student who violates the condition of suspension required pursuant to subsection 3 of this section may be subject to expulsion or further suspension pursuant to the provisions of sections 167.161, 167.164, and 167.171, RSMo.  In making this determination consideration shall be given to whether the student poses a threat to the safety of any child or school employee and whether such student's unsupervised presence within one thousand feet of the school is disruptive to the educational process or undermines the effectiveness of the school's disciplinary policy.  Removal of any pupil who is a student with a disability is subject to state and federal procedural rights.  This section shall not limit a school district's ability to:

            (1)  Prohibit all students who are suspended from being on school property or attending an activity while on suspension;

            (2)  Discipline students for off-campus conduct that negatively affects the educational environment to the extent allowed by law.

            5.  The policy shall provide for a suspension for a period of not less than one year, or expulsion, for a student who is determined to have brought a weapon to school, including but not limited to the school playground or the school parking lot, brought a weapon on a school bus or brought a weapon to a school activity whether on or off of the school property in violation of district policy, except that:

            (1)  The superintendent or, in a school district with no high school, the principal of the school which such child attends may modify such suspension on a case-by-case basis; and

            (2)  This section shall not prevent the school district from providing educational services in an alternative setting to a student suspended under the provisions of this section.  

            6.  For the purpose of this section, the term "weapon" shall mean a firearm as defined under 18 U.S.C. 921 and the following items, as defined in section 571.010, RSMo: a blackjack, a concealable firearm, an explosive weapon, a firearm, a firearm silencer, a gas gun, a knife, knuckles, a machine gun, a projectile weapon, a rifle, a shotgun, a spring gun or a switchblade knife; except that this section shall not be construed to prohibit a school board from adopting a policy to allow a Civil War reenactor to carry a Civil War era weapon on school property for educational purposes so long as the firearm is unloaded.  The local board of education shall define weapon in the discipline policy.  Such definition shall include the weapons defined in this subsection but may also include other weapons.  

            7.  All school district personnel responsible for the care and supervision of students are authorized to hold every pupil strictly accountable for any disorderly conduct in school or on any property of the school, on any school bus going to or returning from school, during school-sponsored activities, or during intermission or recess periods.  

            8.  Teachers and other authorized district personnel in public schools responsible for the care, supervision, and discipline of schoolchildren, including volunteers selected with reasonable care by the school district, shall not be civilly liable when acting in conformity with the established [policy of discipline] policies developed by each board [under this section], including but not limited to policies of student discipline or when reporting to his or her supervisor or other person as mandated by state law acts of school violence or threatened acts of school violence, within the course and scope of the duties of the teacher, authorized district personnel or volunteer, when such individual is acting in conformity with the established policies developed by the board.  Nothing in this section shall be construed to create a new cause of action against such school district, or to relieve the school district from liability for the negligent acts of such persons.  

            9.  Each school board shall define in its discipline policy acts of violence and any other acts that constitute a serious violation of that policy.  "Acts of violence" as defined by school boards shall include but not be limited to exertion of physical force by a student with the intent to do serious bodily harm to another person while on school property, including a school bus in service on behalf of the district, or while involved in school activities.  School districts shall for each student enrolled in the school district compile and maintain records of any serious violation of the district's discipline policy.  Such records shall be made available to teachers and other school district employees with a need to know while acting within the scope of their assigned duties, and shall be provided as required in section 167.020, RSMo, to any school district in which the student subsequently attempts to enroll.

            10.  Spanking, when administered by certificated personnel and in the presence of a witness who is an employee of the school district, or the use of reasonable force to protect persons or property, when administered by personnel of a school district in a reasonable manner in accordance with the local board of education's written policy of discipline, is not abuse within the meaning of chapter 210, RSMo.  The provisions of sections 210.110 to 210.165, RSMo, notwithstanding, the children's division [of family services] shall not have jurisdiction over or investigate any report of alleged child abuse arising out of or related to the use of reasonable force to protect persons or property when administered by personnel of a school district or any spanking administered in a reasonable manner by any certificated school personnel in the presence of a witness who is an employee of the school district pursuant to a written policy of discipline established by the board of education of the school district, as long as no allegation of sexual misconduct arises from the spanking or use of force.

            11.  If a student reports alleged sexual misconduct on the part of a teacher or other school employee to a person employed in a school facility who is required to report such misconduct to the children's division under section 210.115, such person and the superintendent of the school district shall forward the allegation to the children's division within twenty-four hours of receiving the information.  Reports made to the children's division under this subsection shall be investigated by the division in accordance with the provisions of sections 210.145 to 210.153 and shall not be investigated by the school district under subsections 12 to 20 of this section for purposes of determining whether the allegations should or should not be substantiated.  The district may investigate the allegations for the purpose of making any decision regarding the employment of the accused employee.

            12.  Upon receipt of any reports of child abuse by the children's division [of family services], other than reports provided under subsection 11 of this section, pursuant to sections 210.110 to 210.165, RSMo, which allegedly [involves] involve personnel of a school district, the children's division [of family services] shall notify the superintendent of schools of the district or, if the person named in the alleged incident is the superintendent of schools, the president of the school board of the school district where the alleged incident occurred.   

            13.  If, after an initial investigation, the superintendent of schools or the president of the school board finds that the report involves an alleged incident of child abuse other than the administration of a spanking by certificated school personnel or the use of reasonable force to protect persons or property when administered by school personnel pursuant to a written policy of discipline or [a] that the report was made for the sole purpose of harassing a public school employee, the superintendent of schools or the president of the school board shall immediately refer the matter back to the children's division [of family services] and take no further action.

            14.  In all matters referred back to the children's division [of family services], the division [of family services] shall treat the report in the same manner as other reports of alleged child abuse received by the division.  If the report pertains to an alleged incident which arose out of or is related to a spanking administered by certificated personnel or the use of reasonable force to protect persons or property when administered by personnel of a school district pursuant to a written policy of discipline or a report made for the sole purpose of harassing a public school employee, a notification of the reported child abuse shall be sent by the superintendent of schools or the president of the school board to the juvenile officer of the county in which the alleged incident occurred.

            15.  The report shall be jointly investigated by the juvenile officer or a law enforcement officer designated by the juvenile officer and the superintendent of schools or, if the subject of the report is the superintendent of schools, by the juvenile officer or a law enforcement officer designated by the juvenile officer and the president of the school board or such president's designee.

            16.  The investigation shall begin no later than forty-eight hours after notification from the children's division [of family services] is received, and shall consist of, but need not be limited to, interviewing and recording statements of the child and the child's parents or guardian within two working days after the start of the investigation, of the school district personnel allegedly involved in the report, and of any witnesses to the alleged incident.

            17.  The juvenile officer or a law enforcement officer designated by the juvenile officer and the investigating school district personnel shall issue separate reports of their findings and recommendations after the conclusion of the investigation to the school board of the school district within seven days after receiving notice from the children's division [of family services].

            18.  The reports shall contain a statement of conclusion as to whether the report of alleged child abuse is substantiated or is unsubstantiated.

            19.  The school board shall consider the separate reports referred to in subsection 17 of this section and shall issue its findings and conclusions and the action to be taken, if any, within seven days after receiving the last of the two reports.  The findings and conclusions shall be made in substantially the following form:

            (1)  The report of the alleged child abuse is unsubstantiated.  The juvenile officer or a law enforcement officer designated by the juvenile officer and the investigating school board personnel agree that [the evidence shows that no] there was not a preponderance of evidence to substantiate that abuse occurred;

            (2)  The report of the alleged child abuse is substantiated.  The juvenile officer or a law enforcement officer designated by the juvenile officer and the investigating school district personnel agree that the preponderance of evidence is sufficient to support a finding that the alleged incident of child abuse did occur;

            (3)  The issue involved in the alleged incident of child abuse is unresolved.  The juvenile officer or a law enforcement officer designated by the juvenile officer and the investigating school personnel are unable to agree on their findings and conclusions on the alleged incident.  

            [11.]  20.  The findings and conclusions of the school board under subsection 19 of this section shall be sent to the children's division [of family services].  If the findings and conclusions of the school board are that the report of the alleged child abuse is unsubstantiated, the investigation shall be terminated, the case closed, and no record shall be entered in the children's division [of family services'] central registry.  If the findings and conclusions of the school board are that the report of the alleged child abuse is substantiated, the children's division [of family services] shall report the incident to the prosecuting attorney of the appropriate county along with the findings and conclusions of the school district and shall include the information in the division's central registry.  If the findings and conclusions of the school board are that the issue involved in the alleged incident of child abuse is unresolved, the children's division [of family services] shall report the incident to the prosecuting attorney of the appropriate county along with the findings and conclusions of the school board[,]; however, the incident and the names of the parties allegedly involved shall not be entered into the division's central registry [of the division of family services] unless and until the alleged child abuse is substantiated by a court of competent jurisdiction.

            [12.]  21.  Any superintendent of schools, president of a school board or such person's designee or juvenile officer who knowingly falsifies any report of any matter pursuant to this section or who knowingly withholds any information relative to any investigation or report pursuant to this section is guilty of a class A misdemeanor.  Any mandated reporter under subsection 1 of section 210.115 who is a school officer or employee, who fails to report as required in this section shall be subject to a class A misdemeanor.

            [13.]  22.  In order to ensure the safety of all students, should a student be expelled for bringing a weapon to school, violent behavior, or for an act of school violence, that student shall not, for the purposes of the accreditation process of the Missouri school improvement plan, be considered a dropout or be included in the calculation of that district's educational persistence ratio.  

            160.262.  1.  The office of the child advocate as created in section 37.705 shall be authorized to coordinate mediation efforts between school districts and students when requested by both parties, as part of its duties under subdivision (9) of subsection 2 of section 37.710 when allegations of child abuse arise in a school setting.  The office of the child advocate shall maintain a list of individuals who are qualified mediators.  The child advocate shall be available as one of the mediators on the list from which parents can choose.

            2.  Mediation procedures shall meet the following requirements:

            (1)  The mediation process shall not be used to deny or delay any other complaint process available to the parties; and

            (2)  The mediation process shall be conducted by a qualified and impartial mediator trained in effective mediation techniques who is not affiliated with schools or school professional associations and who is available as a public service.

            3.  No student, parent of a student, school employee, or school district shall be required to participate in mediation under this section. If either the school district or the student or student's parent does not wish to enter into mediation, mediation shall not occur.

            4.  Each session in the mediation process shall be scheduled in a timely manner and be held in a location that is convenient to the parties in dispute.

            5.  Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent administrative proceeding, administrative hearing, or civil proceeding of any federal or state court.

            6.  If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth the resolution and:

            (1)  States that all discussions that occurred during the mediation process shall remain confidential and may not be used as evidence in any subsequent administrative proceeding, administrative hearing, or civil proceeding of any federal or state court; and

            (2)  Is signed by a representative of each party who has authority to bind the party.

            160.353.  The governing board of any urban, metropolitan, or seven director school district may adopt a policy that allows any student at the high school level who has participated in at least one sport per year for three years or more at the interscholastic level to be granted a waiver for one half unit of credit of the physical education graduation requirement.  Such policy shall apply only to students who have participated in athletics.  Student or team managers or coaches shall not be eligible to receive a waiver for any credit under a school district policy.  Such a policy may only be adopted after a public hearing is held on the question and a majority of the board votes in favor of the question.  Any board that votes to adopt such a policy shall contact appropriate officials at the department of elementary and secondary education within thirty days of the affirmative vote.  The state board of education shall make any necessary alterations to bring the state's minimum graduation requirements into compliance with this section.  Nothing in this section shall be construed to impact any other minimum graduation requirements approved by the state board of education.

            160.355.  The governing board of any urban, metropolitan, or seven director school district may adopt a policy that allows any student who has earned fine arts credit for participation in high school marching band for three or more years to be granted a waiver for one half unit of credit of the physical education graduation requirement.  Such a policy may only be adopted after a public hearing is held on the question and a majority of the board votes in favor of the question.  Any board that votes to adopt such a policy shall contact appropriate officials at the department of elementary and secondary education within thirty days of the affirmative vote.  The state board of education shall make any necessary alterations to bring the state's minimum graduation requirements into compliance with this section.  Nothing in this section shall be construed to impact any other minimum graduation requirements approved by the state board of education.

            160.400.  1.  A charter school is an independent public school.  

            2.  Charter schools may be operated only in a metropolitan school district or in an urban school district containing most or all of a city with a population greater than three hundred fifty thousand inhabitants and may be sponsored by any of the following:

            (1)  The school board of the district;

            (2)  A public four-year college or university with its primary campus in the school district or in a county adjacent to the county in which the district is located, with an approved teacher education program that meets regional or national standards of accreditation;

            (3)  A community college located in the district; or

            (4)  Any private four-year college or university located in a city not within a county with an enrollment of at least one thousand students, and with an approved teacher preparation program.  

            3.  The mayor of a city not within a county may request a sponsor under subdivision (2), (3), or (4) of subsection 2 of this section to consider sponsoring a "workplace charter school", which is defined for purposes of sections 160.400 to 160.420 as a charter school with the ability to target prospective students whose parent or parents are employed in a business district, as defined in the charter, which is located in the city.  

            4.  No sponsor shall receive from an applicant for a charter school any fee of any type for the consideration of a charter, nor may a sponsor condition its consideration of a charter on the promise of future payment of any kind.  

            5.  The charter school shall be a Missouri nonprofit corporation incorporated pursuant to chapter 355, RSMo.  The charter provided for herein shall constitute a contract between the sponsor and the charter school.  

            6.  As a nonprofit corporation incorporated pursuant to chapter 355, RSMo, the charter school shall select the method for election of officers pursuant to section 355.326, RSMo, based on the class of corporation selected.  Meetings of the governing board of the charter school shall be subject to the provisions of sections 610.010 to 610.030, RSMo, the open meetings law.  

            7.  A sponsor of a charter school, its agents and employees are not liable for any acts or omissions of a charter school that it sponsors, including acts or omissions relating to the charter submitted by the charter school, the operation of the charter school and the performance of the charter school.  

            8.  A charter school may affiliate with a four-year college or university, including a private college or university, or a community college as otherwise specified in subsection 2 of this section when its charter is granted by a sponsor other than such college, university or community college.  Affiliation status recognizes a relationship between the charter school and the college or university for purposes of teacher training and staff development, curriculum and assessment development, use of physical facilities owned by or rented on behalf of the college or university, and other similar purposes.  The primary campus of the college or university must be located within the county in which the school district lies wherein the charter school is located or in a county adjacent to the county in which the district is located.  A university, college or community college may not charge or accept a fee for affiliation status.  

            9.  The expenses associated with sponsorship of charter schools shall be defrayed by the department of elementary and secondary education retaining one and five-tenths percent of the amount of state and local funding allocated to the charter school under section 160.415, not to exceed one hundred twenty-five thousand dollars, adjusted for inflation.  Such amount shall not be withheld when the sponsor is a school district or the state board of education.  The department of elementary and secondary education shall remit the retained funds for each charter school to the school's sponsor, provided the sponsor remains in good standing by fulfilling its sponsorship obligations under sections 160.400 to 160.420 and 167.349, RSMo, with regard to each charter school it sponsors, including appropriate demonstration of the following:

            (1)  Expends no less than ninety percent of its charter school sponsorship funds in support of its charter school sponsorship program, or as a direct investment in the sponsored schools;

            (2)  Maintains a comprehensive application process that follows fair procedures and rigorous criteria and grants charters only to those developers who demonstrate strong capacity for establishing and operating a quality charter school;

            (3)  Negotiates contracts with charter schools that clearly articulate the rights and responsibilities of each party regarding school autonomy, expected outcomes, measures for evaluating success or failure, performance consequences, and other material terms;

            (4)  Conducts contract oversight that evaluates performance, monitors compliance, informs intervention and renewal decisions, and ensures autonomy provided under applicable law; and

            (5)  Designs and implements a transparent and rigorous process that uses comprehensive data to make merit-based renewal decisions.  

            10.  No university, college or community college shall grant a charter to a nonprofit corporation if an employee of the university, college or community college is a member of the corporation's board of directors.  

            11.  No sponsor shall grant a charter under sections 160.400 to 160.420 and 167.349, RSMo, without ensuring that a criminal background check and child abuse registry check are conducted for all members of the governing board of the charter schools or the incorporators of the charter school if initial directors are not named in the articles of incorporation, nor shall a sponsor renew a charter without ensuring a criminal background check and child abuse registry check are conducted for each member of the governing board of the charter school.  

            12.  No member of the governing board of a charter school shall hold any office or employment from the board or the charter school while serving as a member, nor shall the member have any substantial interest, as defined in section 105.450, RSMo, in any entity employed by or contracting with the board. No board member shall be an employee of a company that provides substantial services to the charter school.  All members of the governing board of the charter school shall be considered decision-making public servants as defined in section 105.450, RSMo, for the purposes of the financial disclosure requirements contained in sections 105.483, 105.485, 105.487, and 105.489, RSMo.  

            13.  A sponsor shall provide timely submission to the state board of education of all data necessary to demonstrate that the sponsor is in material compliance with all requirements of sections 160.400 to 160.420 and 167.349, RSMo.  

            14.  The state board of education shall ensure each sponsor is in compliance with all requirements under sections 160.400 to 160.420 and 167.349, RSMo, for each charter school sponsored by any sponsor.  The state board shall notify each sponsor of the standards for sponsorship of charter schools, delineating both what is mandated by statute and what best practices dictate.  The state board, after a public hearing, may require remedial action for a sponsor that it finds has not fulfilled its obligations of sponsorship, such remedial actions including withholding the sponsor's funding and suspending for a period of up to one year the sponsor's authority to sponsor a school that it currently sponsors or to sponsor any additional school.  If the state board removes the authority to sponsor a currently operating charter school, the state board shall become the interim sponsor of the school for a period of up to three years until the school finds a new sponsor or until the charter contract period lapses.

            15. In the event that a charter school loses its sponsor or has its charter revoked or rescinded or the charter otherwise expires, the governing board of the charter school and the local school district where the charter school is located may enter into a contract to continue operations of the charter school with the governing board of the school district serving as the sponsor of the charter school.  

            160.405.  1.  A person, group or organization seeking to establish a charter school shall submit the proposed charter, as provided in this section, to a sponsor. If the sponsor is not a school board, the applicant shall give a copy of its application to the school board of the district in which the charter school is to be located and to the state board of education, within five business days of the date the application is filed with the proposed sponsor.  The school board may file objections with the proposed sponsor, and, if a charter is granted, the school board may file objections with the state board of education.  The charter shall include a mission statement for the charter school, a description of the charter school's organizational structure and bylaws of the governing body, which will be responsible for the policy and operational decisions of the charter school, a financial plan for the first three years of operation of the charter school including provisions for annual audits, a description of the charter school's policy for securing personnel services, its personnel policies, personnel qualifications, and professional development plan, a description of the grades or ages of students being served, the school's calendar of operation, which shall include at least the equivalent of a full school term as defined in section 160.011, and an outline of criteria specified in this section designed to measure the effectiveness of the school.  The charter shall also state:

            (1)  The educational goals and objectives to be achieved by the charter school;

            (2)  A description of the charter school's educational program and curriculum;

            (3)  The term of the charter, which shall be not less than five years, nor greater than ten years and shall be renewable;

            (4)  A description of the charter school's pupil performance standards, which must meet the requirements of subdivision (6) of subsection 5 of this section.  The charter school program must be designed to enable each pupil to achieve such standards;

            (5)  A description of the governance and operation of the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school; and

            (6)  A description of the charter school's policies on student discipline and student admission, which shall include a statement, where applicable, of the validity of attendance of students who do not reside in the district but who may be eligible to attend under the terms of judicial settlements.  

            2.  Proposed charters shall be subject to the following requirements:

            (1)  A charter may be approved when the sponsor determines that the requirements of this section are met and determines that the applicant is sufficiently qualified to operate a charter school.  The sponsor's decision of approval or denial shall be made within ninety days of the filing of the proposed charter;

            (2)  If the charter is denied, the proposed sponsor shall notify the applicant in writing as to the reasons for its denial and forward a copy to the state board of education within five business days following the denial;

            (3)  If a proposed charter is denied by a sponsor, the proposed charter may be submitted to the state board of education, along with the sponsor's written reasons for its denial.  If the state board determines that the applicant meets the requirements of this section, that the applicant is sufficiently qualified to operate the charter school, and that granting a charter to the applicant would be likely to provide educational benefit to the children of the district, the state board may grant a charter and act as sponsor of the charter school.  The state board shall review the proposed charter and make a determination of whether to deny or grant the proposed charter within sixty days of receipt of the proposed charter, provided that any charter to be considered by the state board of education under this subdivision shall be submitted no later than March first prior to the school year in which the charter school intends to begin operations.  The state board of education shall notify the applicant in writing as the reasons for its denial, if applicable; and

            (4)  The sponsor of a charter school shall give priority to charter school applicants that propose a school oriented to high-risk students and to the reentry of dropouts into the school system.  If a sponsor grants three or more charters, at least one-third of the charters granted by the sponsor shall be to schools that actively recruit dropouts or high-risk students as their student body and address the needs of dropouts or high-risk students through their proposed mission, curriculum, teaching methods, and services.  For purposes of this subsection, a "high-risk" student is one who is at least one year behind in satisfactory completion of course work or obtaining credits for graduation, pregnant or a parent, homeless or has been homeless sometime within the preceding six months, has limited English proficiency, has been suspended from school three or more times, is eligible for free or reduced-price school lunch, or has been referred by the school district for enrollment in an alternative program.  "Dropout" shall be defined through the guidelines of the school core data report.  The provisions of this subsection do not apply to charters sponsored by the state board of education.  

            3.  If a charter is approved by a sponsor, the charter application shall be submitted to the state board of education, along with a statement of finding that the application meets the requirements of sections 160.400 to 160.420 and section 167.439, RSMo, and a monitoring plan under which the charter sponsor will evaluate the academic performance of students enrolled in the charter school.  The state board of education may, within sixty days, disapprove the granting of the charter.  The state board of education may disapprove a charter on grounds that the application fails to meet the requirements of sections 160.400 to 160.420 and section 167.349, RSMo, or that a charter sponsor previously failed to meet the statutory responsibilities of a charter sponsor.  

            4.  Any disapproval of a charter pursuant to subsection 3 of this section shall be subject to judicial review pursuant to chapter 536, RSMo.  

            5.  A charter school shall, as provided in its charter:

            (1)  Be nonsectarian in its programs, admission policies, employment practices, and all other operations;

            (2)  Comply with laws and regulations of the state, county, or city relating to health, safety, and state minimum educational standards, as specified by the state board of education, including the requirements relating to student discipline under sections 160.261, 167.161, 167.164, and 167.171, RSMo, notification of criminal conduct to law enforcement authorities under sections 167.115 to 167.117, RSMo, academic assessment under section 160.518, transmittal of school records under section 167.020, RSMo, and the minimum number of school days and hours required under section 160.041;

            (3)  Except as provided in sections 160.400 to 160.420, be exempt from all laws and rules relating to schools, governing boards and school districts;

            (4)  Be financially accountable, use practices consistent with the Missouri financial accounting manual, provide for an annual audit by a certified public accountant, publish audit reports and annual financial reports as provided in chapter 165, RSMo, provided that the annual financial report may be published on the department of elementary and secondary education's Internet web site in addition to other publishing requirements, and provide liability insurance to indemnify the school, its board, staff and teachers against tort claims.  A charter school that receives local educational agency status under subsection 6 of this section shall meet the requirements imposed by the Elementary and Secondary Education Act for audits of such agencies.  For purposes of an audit by petition under section 29.230, RSMo, a charter school shall be treated as a political subdivision on the same terms and conditions as the school district in which it is located.  For the purposes of securing such insurance, a charter school shall be eligible for the Missouri public entity risk management fund pursuant to section 537.700, RSMo.  A charter school that incurs debt must include a repayment plan in its financial plan;

            (5)  Provide a comprehensive program of instruction for at least one grade or age group from kindergarten through grade twelve, which may include early childhood education if funding for such programs is established by statute, as specified in its charter;

            (6)  (a)  Design a method to measure pupil progress toward the pupil academic standards adopted by the state board of education pursuant to section 160.514, collect baseline data during at least the first three years for determining how the charter school is performing and to the extent applicable, participate in the statewide system of assessments, comprised of the essential skills tests and the nationally standardized norm-referenced achievement tests, as designated by the state board pursuant to section 160.518, complete and distribute an annual report card as prescribed in section 160.522, which shall also include a statement that background checks have been completed on the charter school's board members, report to its sponsor, the local school district, and the state board of education as to its teaching methods and any educational innovations and the results thereof, and provide data required for the study of charter schools pursuant to subsection 4 of section 160.410.  No charter school will be considered in the Missouri school improvement program review of the district in which it is located for the resource or process standards of the program.  

            (b)  For proposed high risk or alternative charter schools, sponsors shall approve performance measures based on mission, curriculum, teaching methods, and services.  Sponsors shall also approve comprehensive academic and behavioral measures to determine whether students are meeting performance standards on a different time frame as specified in that school's charter.  Student performance shall be assessed comprehensively to determine whether a high risk or alternative charter school has documented adequate student progress.  Student performance shall be based on sponsor-approved comprehensive measures as well as standardized public school measures.  Annual presentation of charter school report card data to the department of elementary and secondary education, the state board, and the public shall include comprehensive measures of student progress.  

            (c)  Nothing in this [paragraph] subdivision shall be construed as permitting a charter school to be held to lower performance standards than other public schools within a district; however, the charter of a charter school may permit students to meet performance standards on a different time frame as specified in its charter;

            (7)  Assure that the needs of special education children are met in compliance with all applicable federal and state laws and regulations;

            (8)  Provide along with any request for review by the state board of education the following:

            (a)  Documentation that the applicant has provided a copy of the application to the school board of the district in which the charter school is to be located, except in those circumstances where the school district is the sponsor of the charter school; and

            (b)  A statement outlining the reasons for approval or disapproval by the sponsor, specifically addressing the requirements of sections 160.400 to 160.420 and 167.349, RSMo.  

            6.  (1)  Proposed or existing high risk or alternative charter schools may include alternative arrangements for students to obtain credit for satisfying graduation requirements in the school's charter application and charter.  Alternative arrangements may include, but not be limited to, credit for off-campus instruction, embedded credit, work experience through a paid or unpaid internship arranged through the school, and independent studies.  When the state board of education approves the charter, any such alternative arrangements shall be approved at such time.

            (2)  The department of elementary and secondary education shall conduct a study of any charter school granted alternative arrangements for students to obtain credit under this subsection after three years of operation to assess student performance, graduation rates, educational outcomes, and entry into the workforce or higher education.  

            7.  The charter of a charter school may be amended at the request of the governing body of the charter school and on the approval of the sponsor.  The sponsor and the governing board and staff of the charter school shall jointly review the school's performance, management and operations at least once every two years or at any point where the operation or management of the charter school is changed or transferred to another entity, either public or private.  The governing board of a charter school may amend the charter, if the sponsor approves such amendment, or the sponsor and the governing board may reach an agreement in writing to reflect the charter school's decision to become a local educational agency for the sole purpose of seeking direct access to federal grants. In such case the sponsor shall give the department of elementary and secondary education written notice no later than March first of any year, with the agreement to become effective July first.  The department may waive the March first notice date in its discretion.  The department shall identify and furnish a list of its regulations that pertain to local educational agencies to such schools within thirty days of receiving such notice.  

            [7.]  8.  (1)  A sponsor shall revoke a charter or take other appropriate remedial action, which may include placing the charter school on probationary status, at any time if the charter school commits a serious breach of one or more provisions of its charter or on any of the following grounds: failure to meet academic performance standards as set forth in its charter, failure to meet generally accepted standards of fiscal management, failure to provide information necessary to confirm compliance with all provisions of the charter and sections 160.400 to 160.420 and 167.349, RSMo, within forty-five days following receipt of written notice requesting such information, or violation of law.  

            (2)  The sponsor may place the charter school on probationary status to allow the implementation of a remedial plan, which may require a change of methodology, a change in leadership, or both, after which, if such plan is unsuccessful, the charter may be revoked.  

            (3)  At least sixty days before acting to revoke a charter, the sponsor shall notify the governing board of the charter school of the proposed action in writing.  The notice shall state the grounds for the proposed action.  The school's governing board may request in writing a hearing before the sponsor within two weeks of receiving the notice.  

            (4)  The sponsor of a charter school shall establish procedures to conduct administrative hearings upon determination by the sponsor that grounds exist to revoke a charter.  Final decisions of a sponsor from hearings conducted pursuant to this subsection are subject to judicial review pursuant to chapter 536, RSMo.

            (5)  A termination shall be effective only at the conclusion of the school year, unless the sponsor determines that continued operation of the school presents a clear and immediate threat to the health and safety of the children.

            (6)  A charter sponsor shall make available the school accountability report card information as provided under section 160.522 and the results of the academic monitoring required under subsection 3 of this section.  

            [8.]  9.  A sponsor shall take all reasonable steps necessary to confirm that each charter school sponsored by such sponsor is in material compliance and remains in material compliance with all material provisions of the charter and sections 160.400 to 160.420 and 167.349, RSMo.  Every charter school shall provide all information necessary to confirm ongoing compliance with all provisions of its charter and sections 160.400 to 160.420 and 167.349, RSMo, in a timely manner to its sponsor.  

            [9.]  10.  A school district may enter into a lease with a charter school for physical facilities.  

            [10.]  11.  A governing board or a school district employee who has control over personnel actions shall not take unlawful reprisal against another employee at the school district because the employee is directly or indirectly involved in an application to establish a charter school.  A governing board or a school district employee shall not take unlawful reprisal against an educational program of the school or the school district because an application to establish a charter school proposes the conversion of all or a portion of the educational program to a charter school.  As used in this subsection, "unlawful reprisal" means an action that is taken by a governing board or a school district employee as a direct result of a lawful application to establish a charter school and that is adverse to another employee or an educational program.  

            [11.]  12.  Charter school board members shall be subject to the same liability for acts while in office as if they were regularly and duly elected members of school boards in any other public school district in this state.  The governing board of a charter school may participate, to the same extent as a school board, in the Missouri public entity risk management fund in the manner provided under sections 537.700 to 537.756, RSMo.  

            [12.]  13.  Any entity, either public or private, operating, administering, or otherwise managing a charter school shall be considered a quasi-public governmental body and subject to the provisions of sections 610.010 to 610.035, RSMo.  

            [13.]  14.  The chief financial officer of a charter school shall maintain:

            (1)  A surety bond in an amount determined by the sponsor to be adequate based on the cash flow of the school; or

            (2)  An insurance policy issued by an insurance company licensed to do business in Missouri on all employees in the amount of five hundred thousand dollars or more that provides coverage in the event of employee theft.  

            160.410.  1.  A charter school shall enroll:

            (1)  All pupils resident in the district in which it operates;

            (2)  Nonresident pupils eligible to attend a district's school under an urban voluntary transfer program; [and]

            (3)  In the case of a charter school whose mission includes student drop-out prevention or recovery, any nonresident pupil who is considered high risk or a dropout who resides in a residential care facility, a transitional living group home, or an independent living program and whose last school of enrollment is in the school district where the charter school is established, who submits a timely application; and

            (4)  In the case of a workplace charter school, any student eligible to attend under subdivision (1) or (2) of this subsection whose parent is employed in the business district, who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level or building.  The configuration of a business district shall be set forth in the charter and shall not be construed to create an undue advantage for a single employer or small number of employers.  

            2.  If capacity is insufficient to enroll all pupils who submit a timely application, the charter school shall have an admissions process that assures all applicants of an equal chance of gaining admission except that:

            (1)  A charter school may establish a geographical area around the school whose residents will receive a preference for enrolling in the school, provided that such preferences do not result in the establishment of racially or socioeconomically isolated schools and provided such preferences conform to policies and guidelines established by the state board of education; [and]

            (2)  A charter school may also give a preference for admission of children whose siblings attend the school or whose parents are employed at the school or in the case of a workplace charter school, a child whose parent is employed in the business district or at the business site of such school; and

            (3)  A charter school whose mission includes student drop-out prevention or recovery as described in subdivision (3) of subsection 1 of this section shall give preference for admission to resident pupils over nonresident pupils.  

            3.  A charter school shall not limit admission based on race, ethnicity, national origin, disability, gender, income level, proficiency in the English language or athletic ability, but may limit admission to pupils within a given age group or grade level.  A charter school may give a preference for admission to high-risk students and dropouts, as defined in subdivision (4) of subsection 2 of section 160.405.  

            4.  The department of elementary and secondary education shall commission a study of the performance of students at each charter school in comparison with an equivalent group of district students representing an equivalent demographic and geographic population and a study of the impact of charter schools upon the constituents they serve in the districts in which they are located, to be conducted by the joint committee on education.  The charter school study shall include analysis of the administrative and instructional practices of each charter school and shall include findings on innovative programs that illustrate best practices and lend themselves to replication or incorporation in other schools.  The joint committee on education shall coordinate with individuals representing charter [public] schools and the districts in which charter schools are located in conducting the study.  The study of a charter school's student performance in relation to a comparable group shall be designed to provide information that would allow parents and educators to make valid comparisons of academic performance between the charter school's students and an equivalent group of district students representing an equivalent demographic and geographic population.  The student performance assessment and comparison shall include, but may not be limited to:

            (1)  Missouri assessment program test performance and aggregate growth over several years;

            (2)  Student reenrollment rates;

            (3)  Educator, parent, and student satisfaction data;

            (4)  Graduation rates in secondary programs; and

            (5)  Performance of students enrolled in the same public school for three or more consecutive years.  The impact study shall be undertaken every two years to determine the impact of charter schools on the constituents they serve in the districts where charter schools are operated.  The impact study shall include, but is not limited to, determining if changes have been made in district policy or procedures attributable to the charter school and to perceived changes in attitudes and expectations on the part of district personnel, school board members, parents, students, the business community and other education stakeholders.  The department of elementary and secondary education shall make the results of the studies public and shall deliver copies to the governing boards of the charter schools, the sponsors of the charter schools, the school board and superintendent of the districts in which the charter schools are operated.  

            5.  A charter school shall make available for public inspection, and provide upon request, to the parent, guardian, or other custodian of any school-age pupil resident in the district in which the school is located the following information:

            (1)  The school's charter;

            (2)  The school's most recent annual report card published according to section 160.522; and

            (3)  The results of background checks on the charter school's board members.  The charter school may charge reasonable fees, not to exceed the rate specified in section 610.026, RSMo, for furnishing copies of documents under this subsection.

            160.420.  1.  Any school district in which charter schools may be established under sections 160.400 to 160.420 shall establish a uniform policy which provides that if a charter school offers to retain the services of an employee of a school district, and the employee accepts a position at the charter school, an employee at the employee's option may remain an employee of the district and the charter school shall pay to the district the district's full costs of salary and benefits provided to the employee.  The district's policy shall provide that any teacher who accepts a position at a charter school and opts to remain an employee of the district retains such teacher's permanent teacher status and retains such teacher's seniority rights in the district for three years.  The school district shall not be liable for any such employee's acts while an employee of the charter school.

            2.  A charter school may employ noncertificated instructional personnel; provided that no more than twenty percent of the full-time equivalent instructional staff positions at the school are filled by noncertificated personnel. All noncertificated instructional personnel shall be supervised by certificated instructional personnel.  A charter school that has a foreign language immersion experience as its chief educational mission, as stated in its charter, shall not be subject to the twenty-percent requirement of this subsection but shall ensure that any teachers whose duties include instruction given in a foreign language have current valid credentials in the country in which such teacher received his or her training and shall remain subject to the remaining requirements of this subsection.  The charter school shall ensure that all instructional employees of the charter school have experience, training and skills appropriate to the instructional duties of the employee, and the charter school shall ensure that a criminal background check and child abuse registry check are conducted for each employee of the charter school prior to the hiring of the employee.  The charter school may not employ instructional personnel whose certificate of license to teach has been revoked or is currently suspended by the state board of education.  Appropriate experience, training and skills of noncertificated instructional personnel shall be determined considering:

            (1)  Teaching certificates issued by another state or states;

            (2)  Certification by the National Standards Board;

            (3)  College degrees in the appropriate field;

            (4)  Evidence of technical training and competence when such is appropriate; and

            (5)  The level of supervision and coordination with certificated instructional staff.  

            3.  Personnel employed by the charter school shall participate in the retirement system of the school district in which the charter school is located, subject to the same terms, conditions, requirements and other provisions applicable to personnel employed by the school district.  For purposes of participating in the retirement system, the charter school shall be considered to be a public school within the school district, and personnel employed by the charter school shall be public school employees.  In the event of a lapse of the school district's corporate organization as described in subsections 1 and 4 of section 162.081, RSMo, personnel employed by the charter school shall continue to participate in the retirement system and shall do so on the same terms, conditions, requirements and other provisions as they participated prior to the lapse.  

            4.  [The charter school and a local school board may agree by contract for services to be provided by the school district to the charter school.  The charter school may contract with any other entity for services.  Such services may include but are not limited to food service, custodial service, maintenance, management assistance, curriculum assistance, media services and libraries and shall be subject to negotiation between the charter school and the local school board or other entity.  Documented actual costs of such services shall be paid for by the charter school.  

            5.  A charter school may enter into contracts with community partnerships and state agencies acting in collaboration with such partnerships that provide services to children and their families linked to the school.  

            6.  A charter school shall be eligible for transportation state aid pursuant to section 163.161, RSMo, and shall be free to contract with the local district, or any other entity, for the provision of transportation to the students of the charter school.  

            7.  (1)  The proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be paid in full to charter schools enrolling those students by their school district where such enrollment is through a contract for services described in this section.  The proportionate share of money generated under other federal or state categorical aid programs shall be directed to charter schools serving such students eligible for that aid.  

            (2)  A charter school district shall provide the special services provided pursuant to section 162.705, RSMo, and may provide the special services pursuant to a contract with a school district or any provider of such services.  

            8.  A charter school may not charge tuition, nor may it impose fees that a school district is prohibited from imposing.  

            9.  A charter school is authorized to incur debt in anticipation of receipt of funds.  A charter school may also borrow to finance facilities and other capital items.  A school district may incur bonded indebtedness or take other measures to provide for physical facilities and other capital items for charter schools that it sponsors or contracts with.  Upon the dissolution of a charter school, any liabilities of the corporation will be satisfied through the procedures of chapter 355, RSMo.  

            10.  Charter schools shall not have the power to acquire property by eminent domain.  

            11.  The governing body of a charter school is authorized to accept grants, gifts or donations of any kind and to expend or use such grants, gifts or donations.  A grant, gift or donation may not be accepted by the governing body if it is subject to any condition contrary to law applicable to the charter school or other public schools, or contrary to the terms of the charter.] The instructional employees of a charter school in circumstances described in subsection 15 of section 160.400 shall continue to be employees of the governing board of the former charter school and shall not be considered employees of the local school district; however, such instructional employees shall meet all licensure and certification requirements as determined by the department.

            160.522.  1.  The department of elementary and secondary education shall produce or cause to be produced, at least annually, a school accountability report card for each public school district, each public school building in a school district, and each charter school in the state.  The report card shall be designed to satisfy state and federal requirements for the disclosure of statistics about students, staff, finances, academic achievement, and other indicators.  The purpose of the report card shall be to provide educational statistics and accountability information for parents, taxpayers, school personnel, legislators, and the print and broadcast news media in a standardized, easily accessible form.

            2.  The department of elementary and secondary education shall develop a standard form for the school accountability report card.  The information reported shall include, but not be limited to, the district's most recent accreditation rating, enrollment, rates of pupil attendance, high school dropout rate and graduation rate, the number and rate of suspensions of ten days or longer and expulsions of pupils, the district ratio of students to administrators and students to classroom teachers, the average years of experience of professional staff and advanced degrees earned, student achievement as measured through the assessment system developed pursuant to section 160.518, student scores on the ACT, along with the percentage of graduates taking the test, average teachers' and administrators' salaries compared to the state averages, average per pupil current expenditures for the district as a whole and by attendance center as reported to the department of elementary and secondary education, the adjusted tax rate of the district, assessed valuation of the district, percent of the district operating budget received from state, federal, and local sources, the percent of students eligible for free or reduced-price lunch, data on the percent of students continuing their education in postsecondary programs, [and] information about the job placement rate for students who complete district vocational education programs, whether the school district currently has a state-approved gifted education program, and if the school has had a state-approved gifted program within the last three years.  

            3.  The report card shall permit the disclosure of data on a school-by-school basis, but the reporting shall not be personally identifiable to any student or education professional in the state.  

            4.  The report card shall identify each school or attendance center that has been identified as a priority school under sections 160.720 and 161.092, RSMo.  The report also shall identify attendance centers that have been categorized under federal law as needing improvement or requiring specific school improvement strategies.  

            5.  The report card shall not limit or discourage other methods of public reporting and accountability by local school districts.  Districts shall provide information included in the report card to parents, community members, the print and broadcast news media, and legislators by December first annually or as soon thereafter as the information is available to the district, giving preference to methods that incorporate the reporting into substantive official communications such as student report cards.  The school district shall provide a printed copy of the district-level or school-level report card to any patron upon request and shall make reasonable efforts to supply businesses such as, but not limited to, real estate and employment firms with copies or other information about the reports so that parents and businesses from outside the district who may be contemplating relocation have access.

            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 vocational or technical school or within the limits established in subsection 9 of this section for any two-year 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, and students who are dependants of retired military who relocate to Missouri within one year of the date of the parents retirement from active duty, 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 private vocational or technical school to obtain reimbursements under subsection 7 of this section, the following requirements shall be satisfied:

            (1)  Such two-year 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 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.  

            160.660.  1.  On or before July 1, 2001, the state board of education shall add to any school facilities and safety criteria developed for the Missouri school improvement program provisions that require:

            (1)  Each school district's designated safety coordinator to have a thorough knowledge of all federal, state and local school violence prevention programs and resources available to students, teachers or staff in the district; and

            (2)  Each school district to fully utilize all such programs and resources that the local school board or its designee determines are necessary and cost-effective for the school district.

            2.  On or before July 1, 2012, the state board of education shall add to any school facilities and safety criteria developed for the Missouri school improvement program provisions that suggest that the drills required pursuant to the standard for safe facilities occur at least annually and require that all staff receive sufficient training on the security and crisis management plan to ensure familiarity with the plan details is maintained throughout the school year.

            3.  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, 2000, shall be invalid and void.  

            160.775.  1.  Every district shall adopt an antibullying policy by September 1, 2007.  

            2.  "Bullying" means intimidation or harassment that causes a reasonable student to fear for his or her physical safety or property.  Bullying may consist of physical actions, including gestures, or oral, cyberbullying, electronic, or written communication, and any threat of retaliation for reporting of such acts.

            3.  Each district's antibullying policy shall be founded on the assumption that all students need a safe learning environment.  Policies shall treat students equally and shall not contain specific lists of protected classes of students who are to receive special treatment.  Policies may include age appropriate differences for schools based on the grade levels at the school.  Each such policy shall contain a statement of the consequences of bullying.  

            4.  Each district's antibullying policy shall require district employees to report any instance of bullying of which the employee has firsthand knowledge.  The district policy shall address training of employees in the requirements of the district policy.

            161.209.   1.  The department of elementary and secondary education has an affirmative duty to seek comment on its rules, regulations, and policies after their final approval or implementation.  The department shall undertake such review on existing rules, regulations, and policies on an ad hoc, periodic basis with a priority given to such rules, regulations, and policies that could successfully be revised without affecting student achievement to accommodate periods when there is no increase in the appropriation for basic state aid funding pursuant to section 163.031, RSMo, from one fiscal year to the next or when withholdings of appropriated funds result in a situation equivalent to no increase in such appropriation.  

            2.  For fiscal years 2011, 2012, and 2013, if the appropriation for subsections 1 and 2 of section 163.031 is less than the annualized calculation of the amount needed for the phase-in required under subsection 4 for that fiscal year or the appropriation for transportation as provided in subsection 3 of section 163.031 is funded at a level that provides less than seventy-five percent of allowable costs, the department shall not penalize any district undergoing its accreditation review for a failure to meet resource standards under the Missouri school improvement program.  If the governor withholds funds for the school funding formula basic apportionment under section 163.031, school districts undergoing accreditation review in the fiscal year following the fiscal year of withholding shall not be penalized for failure to meet resource standards under the Missouri school improvement program.

            161.370.  1.  There is hereby created in the state treasury the "School Safety and School Violence Prevention Fund", which shall consist of money collected under this section.  The state treasurer shall be custodian of the fund.  In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.  Upon appropriation, money in the fund shall be used solely for the administration of this section.  Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.  The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.  Any interest and moneys earned on such investments shall be credited to the fund.

            2.  Subject to appropriations, beginning with the 2012 fiscal year and in each subsequent year, the general assembly shall appropriate an amount not to exceed five hundred thousand dollars to the department of elementary and secondary education to be placed in the school safety and school violence prevention fund.

            3.  The department may contract with a non-profit organization of its choosing on a cost-recovery basis that shall serve, under the department's direction, as the statewide center for school safety and school violence prevention and be available to provide services and resources for all public school districts in the state.

            4.  The department shall provide funding from the school safety and school violence prevention fund to the statewide center each year.  The center shall use such funds for staff salaries and benefits, equipment, supplies, program materials, workshops, training sessions, and other items directly related to carrying out the mission of the center.

            5.  Subject to appropriations the center shall offer services and resources to all public schools of the state which shall include but not be limited to:

            (1)  Make violence prevention and intervention programs and models available, as well as provide training in the areas of bullying prevention, character education, conflict resolution, fight prevention and intervention, Internet safety education, which shall include cyberbullying prevention, peer mediation, post-trauma defusing and debriefing, suicide prevention, human sensitivity awareness, violence prevention curriculum framework, and other related areas as determined by the center and the department;

            (2)  Provide guidance for districts as they conduct building and district safety reviews, including emergency preparedness;

            (3)  Provide examples of comprehensive school emergency plans;

            (4)  Assist in staff development on school safety and violence prevention issues;

            (5)  Periodically publish a safe schools newsletter or other publications;

            (6)  Maintain an active website;

            (7)  Provide annual training programs for school safety coordinators and provide an information network for these coordinators;

            (8)  Serve as a clearinghouse on school safety information for school staff, parents, community members, and other individuals or agencies; and

            (9)  Collaborate with national, state, and local agencies on school safety issues.

            6.  The center shall furnish the department with an annual budget each fiscal year, as well as a list of actual expenditures, at the end of each fiscal year.  The center shall also provide for the department an annual year-end summary that highlights the different services and programs provided by the center during the year, as well as the number of schools that utilized each service or program.  The department shall make such information available to the legislature annually.

            161.650.  1.  The department of elementary and secondary education shall identify and adopt an existing program or programs of educational instruction regarding violence prevention to be administered by public school districts pursuant to subsection 2 of this section, and which shall include, but shall not be limited to, instructing students of the negative consequences, both to the individual and to society at large, of membership in or association with criminal street gangs or participation in criminal street gang activity, as those phrases are defined in section 578.421, RSMo, and shall include related training for school district employees directly responsible for the education of students concerning violence prevention and early identification of and intervention in violent behavior.  The state board of education shall adopt such program or programs by rule as approved for use in Missouri public schools.  The program or programs of instruction shall encourage nonviolent conflict resolution of problems facing youth; present alternative constructive activities for the students; encourage community participation in program instruction, including but not limited to parents and law enforcement officials; and shall be administered as appropriate for different grade levels and shall not be offered for academic credit.  

            2.  All public school districts within this state with the approval of the district's board of education may administer the program or programs of student instruction adopted pursuant to subsection 1 of this section to students within the district starting at the kindergarten level and every year thereafter through the twelfth-grade level.  

            3.  Any district adopting and providing a program of instruction pursuant to this section shall be entitled to receive state aid pursuant to section 163.031, RSMo.  If such aid is determined by the department to be insufficient to implement any program or programs adopted by a district pursuant to this section:

            (1)  The department may fund the program or programs adopted pursuant to this section or pursuant to subsection 2 of section 160.530, RSMo, or both, after securing any funding available from alternative sources; and

            (2)  School districts may fund the program or programs from funds received pursuant to subsection 1 of section 160.530, RSMo[, and section 166.260, RSMo].  

            4.  No rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.

            162.014.  No person shall be a candidate for, or a member or director of, the school board in any school district in this state if such person is registered or is required to be registered as a sex offender under sections 589.400 to 589.425.

            162.068.  1.  By July 1, 2011, every school district shall adopt a written policy on information that the district provides about former employees, both certificated and noncertificated, to other public schools.  The policy shall include who is permitted to respond to requests for information from potential employers and the information the district would provide when responding to such a request.  The policy shall require that notice of this provision be provided to all current employees and to all potential employers who contact the school district regarding the possible employment of a school district employee.

            2.  Any school district that employs a person about whom the children's division conducts an investigation involving allegations of sexual misconduct with a student and reaches a finding of substantiated shall immediately suspend the employment of such person, notwithstanding any other provision of law, but the district may return the person to his or her employment if the child abuse and neglect review board's finding that the allegation is substantiated is reversed by a court on appeal and becomes final.  Nothing shall preclude a school district from otherwise lawfully terminating the employment of any employee about whom there has been a finding of unsubstantiated resulting from an investigation by the children's division involving allegations of sexual misconduct with a student.

            3.  Any school district employee who is permitted to respond to requests for information regarding former employees under a policy adopted by his or her school district under subsection 2 of this section and who communicates only the information which such policy directs, and who acts in good faith and without malice shall be immune against any civil action for damages brought by the former employee arising out of the communication of such information.  If any such action is brought, the school district employee may, at his or her option, request the attorney general to defend him or her in such suit and the attorney general shall provide such defense, except that if the attorney general represents the school district or the department of elementary and secondary education in a pending licensing matter under section 168.071 the attorney general shall not represent the school district employee.

            4.  Notwithstanding the provisions of subsection 2 of this section, if a district that has employed any employee whose job involves contact with children receives allegations of sexual misconduct concerning the employee and as a result of such allegations or as a result of such allegations being substantiated by the child abuse and neglect review board dismisses the employee or allows the employee to resign in lieu of being fired and fails to disclose the allegations of sexual misconduct when furnishing a reference for the former employee or responding to a potential employer's request for information regarding such employee, the district shall be directly liable for damages to any student of a subsequent employing district who is found by a court of competent jurisdiction to be a victim of the former employee's sexual misconduct, and the district shall bear third-party liability to the employing district for any legal liability, legal fees, costs, and expenses incurred by the employing district caused by the failure to disclose such information to the employing district.

            5.  If a school district has previously employed a person about whom the children's division has conducted an investigation involving allegations of sexual misconduct with a student and has reached a finding of substantiated and another public school contacts the district for a reference for the former employee, the district shall disclose the results of the children's division's investigation to the public school.

            162.069.  1.  Every school district shall, by January 1, 2011, promulgate a written policy concerning teacher-student communication and employee-student communication.  Such policy shall contain at least the following elements:

            (1)  Appropriate oral and nonverbal personal communication, which may be combined with or included in any policy on sexual harassment; and

            (2)  Appropriate use of electronic media such as text messaging and internet sites for both instructional and personal purposes, with an element concerning use of social networking sites no less stringent than the provisions of subsections 2, 3, and 4 of this section.

            2.  As used in this section, the following terms shall mean:

            (1)  "Exclusive access", the information on the website is available only to the owner (teacher) and user (student) by mutual explicit consent and where third parties have no access to the information on the website absent an explicit consent agreement with the owner (teacher);

            (2)  "Former student", any person who was at one time a student at the school at which the teacher is employed and who is eighteen years of age or less and who has not graduated;

            (3)  "Nonwork-related internet site", any internet website or web page used by a teacher primarily for personal purposes and not for educational purposes;

            (4)  "Work-related internet site", any internet website or web pages used by a teacher for educational purposes.

            3.  No teacher shall establish, maintain, or use a work-related internet site unless such site is available to school administrators and the child's legal custodian, physical custodian, or legal guardian.

            4.  No teacher shall establish, maintain, or use a nonwork-related internet site which allows exclusive access with a current or former student.  Nothing in this subsection shall be construed as prohibiting a teacher from establishing a nonwork related internet site, provided the site is used in accordance with this section.

            5.  Every school district shall, by July 1, 2011, include in its teacher and employee training, a component that provides up-to-date and reliable information on identifying signs of sexual abuse in children and danger signals of potentially abusive relationships between children and adults.  The training shall emphasize the importance of mandatory reporting of abuse under section 210.115 including the obligation of mandated reporters to report suspected abuse by other mandated reporters, and how to establish an atmosphere of trust so that students feel their school has concerned adults with whom they feel comfortable discussing matters related to abuse.

            162.081.  1.  Whenever any school district in this state fails or refuses in any school year to provide for the minimum school term required by section 163.021, RSMo, or is classified unaccredited for two successive school years by the state board of education, its corporate organization shall lapse on a date determined by the state board of education.  The corporate organization of any school district that is classified as unaccredited shall lapse [on] not prior to June thirtieth of the second full school year of such unaccredited classification after the school year during which the unaccredited classification is initially assigned.  The territory theretofore embraced within any district that lapses pursuant to this section or any portion thereof may be attached to any district for school purposes by the state board of education; but no school district, except a district classified as unaccredited pursuant to section 163.023, RSMo, and section 160.538, RSMo, shall lapse where provision is lawfully made for the attendance of the pupils of the district at another school district that is classified as provisionally accredited or accredited by the state board of education.  

            2.  Prior to or at the time any school district in this state shall lapse, but after the school district has been classified as unaccredited, the department of elementary and secondary education shall conduct a public hearing at a location in the unaccredited school district[.  The purpose of the hearing shall be to:

            (1)  Review any plan by the district to return to accredited status; or

            (2)  Offer any technical assistance that can be provided to the district.] regarding the accreditation status of the school district.

            3.  Except as otherwise provided in section 162.1100, in a metropolitan school district or an urban school district containing most or all of a city with a population greater than three hundred fifty thousand inhabitants and in any other school district if the local board of education does not anticipate a return to accredited status, the state board of education may appoint a special administrative board to supervise the financial operations, maintain and preserve the financial assets or, if warranted, continue operation of the educational programs within the district or what provisions might otherwise be made in the best interest of the education of the children of the district.  The special administrative board shall consist of two persons who are residents of the school district, who shall serve without compensation, and a professional administrator, who shall chair the board and shall be compensated, as determined by the state board of education, in whole or in part with funds from the district.  

            4.  Upon lapse of the district, the state board of education may:

            (1)  Appoint a special administrative board, if such a board has not already been appointed, and authorize the special administrative board to retain the authority granted to a board of education for the operation of all or part of the district;

            (2)  Attach the territory of the lapsed district to another district or districts for school purposes; [or]

            (3)  Establish one or more school districts within the territory of the lapsed district, with a governance structure consistent with the laws applicable to districts of a similar size, with the option of permitting a district to remain intact for the purposes of assessing, collecting, and distributing property taxes, to be distributed equitably on a weighted average daily attendance basis, but to be divided for operational purposes, which shall take effect sixty days after the adjournment of the regular session of the general assembly next following the state board's decision unless a statute or concurrent resolution is enacted to nullify the state board's decision prior to such effective date.  The special administrative board may retain the authority granted to a board of education for the operation of the lapsed school district under the laws of the state in effect at the time of the lapse; or

            (4)  Allow continued governance by the existing school district board of education under terms and conditions established by the state board of education.  

            5.  The authority of the special administrative board shall expire at the end of the third full school year following its appointment, unless extended by the state board of education.  If the lapsed district is reassigned, the special administrative board shall provide an accounting of all funds, assets and liabilities of the lapsed district and transfer such funds, assets, and liabilities of the lapsed district as determined by the state board of education.  

            6.  Upon recommendation of the special administrative board, the state board of education may assign the funds, assets and liabilities of the lapsed district to another district or districts.  Upon assignment, all authority of the special administrative board shall transfer to the assigned districts.

            7.  Neither the special administrative board nor any district or other entity assigned territory, assets or funds from a lapsed district shall be considered a successor entity for the purpose of employment contracts, unemployment compensation payment pursuant to section 288.110, RSMo, or any other purpose.

            8.  If additional teachers are needed by a district as a result of increased enrollment due to the annexation of territory of a lapsed or dissolved district, such district shall grant an employment interview to any permanent teacher of the lapsed or dissolved district upon the request of such permanent teacher.

            9.  (1)  The governing body of a school district, upon an initial declaration by the state board of education that such district is provisionally accredited, may, and, upon an initial declaration by the state board of education that such district is unaccredited, shall develop a plan to be submitted to the voters of the school district to divide the school district if the district cannot attain accreditation within three years of the initial declaration that such district is unaccredited.  In the case of such a district being declared unaccredited, such plan shall be presented to the voters of the district before the district lapses.  In the case of such a district being declared provisionally accredited, such plan may be presented before the close of the current accreditation cycle.  

            (2)  The plan may provide that the school district shall remain intact for the purposes of assessing, collecting and distributing taxes for support of the schools, and the governing body of the district shall develop a plan for the distribution of such taxes equitably on a per-pupil basis if the district selects this option.  

            (3)  The makeup of the new districts shall be racially balanced as far as the proportions of students allow.  

            (4)  If a majority of the district's voters approve the plan, the state board of education shall cooperate with the local board of education to implement the plan, which may include use of the provisions of this section to provide an orderly transition to new school districts and achievement of accredited status for such districts.  

            10.  In the event that a school district with an enrollment in excess of five thousand pupils lapses, no school district shall have all or any part of such lapsed school district attached without the approval of the board of the receiving school district.

            162.720.  1.  [Where a sufficient number of children are determined to be gifted and their development requires programs or services beyond the level of those ordinarily provided in regular public school programs, districts may establish special programs for such gifted children.  

            2.]  Each school district shall identify which of the district's students are academically gifted as established under the rules prescribed by the department of elementary and secondary education.  The department shall develop a list of identification criteria with emphasis on early identification.

            2.  Each school district may establish appropriate programs or differentiated services for students who are identified as academically gifted under subsection 1 of this section and whose educational needs require programs or services beyond what is provided in the regular public school program.

            3.  The state board of education shall determine standards for such programs or services.  Approval of such programs or services shall be made by the state department of elementary and secondary education based upon [project] applications submitted [by July fifteenth of each year] in a format and at a time established by the department.  Each school district shall report annually to the department, by a date established by the department on the programs or services provided to academically gifted students.

            4.  Gifted programs and services shall be funded by the district from its basic state aid, except as further provided in this subsection:

            (1)  A district that formerly received categorical gifted funds may determine an appropriate amount of funding by referring to its last year of such categorical funding; and

            (2)  A district that did not provide a state-approved program or services previously may determine an appropriate amount of funding within its increases in basic state aid since fiscal year 2006.

The districts described in subdivisions (1) and (2) of this subsection and a district receiving a payment under subsection 2 of section 163.031 that did not have such programs or services may use local funding to support such programs or services.

            162.1195.  1.  Beginning in fiscal year 2013, the division of school improvement within the department of elementary and secondary education may ensure that each regional professional development center in the state provides professional development educational assistance for fine arts.

            2.  The emphasis may include the following:

            (1)  To act as a resource for school districts under the regional office of professional development with regard to fine arts education, as delivered by certified arts specialists, and the integration of the arts into nonarts curricula;

            (2)  To work with school districts in staff development and curriculum issues related to fine arts education and fine arts integration;

            (3)  To collaborate with regional office of professional development personnel and other regional personnel associated with the regional office of professional development;

            (4)  To coordinate services available from other entities involved in fine arts education and fine arts integration;

            (5)  To assist and support local school districts in providing fine arts education and the integration of the fine arts; and

            (6)  To contribute to the development and implementation of in-service training, regionally and statewide, which responds to the needs of arts specialists, and other educators pertaining to the needs of Missouri students in fine arts and the integration of the arts.

            162.1196.  1.  Each regional professional development center in the state shall identify ways in which school districts can achieve efficiencies, become more cost effective, reduce costs, and reduce and minimize duplicative operations, services, and purchasing, including but not limited to the following:

            (1)  Allowing two or more adjacent school districts classified as accredited by the state board of education to share a superintendent or chief executive officer;

            (2)  Allowing two or more school districts to engage in group purchases of supplies;

            (3)  Allowing two or more school districts to engage in group purchases of life insurance, property insurance, and health insurance;

            (4)  Allowing two or more school districts to engage in group administration of services for payroll, secretarial, human resources, maintenance, sanitation, janitorial, and administrative assistance; and

            (5)  Allowing two or more school districts to engage in group participation in a deferred compensation plan.

            2.  Regional professional development centers shall provide assistance to school districts that choose to implement any of the measures identified in subsection 1 of this section or any other measure proposed by a regional professional development center or a school district that would achieve cost savings or efficiencies for a school district.

            163.031.  1.  The department of elementary and secondary education shall calculate and distribute to each school district qualified to receive state aid under section 163.021 an amount determined by multiplying the district's weighted average daily attendance by the state adequacy target, multiplying this product by the dollar value modifier for the district, and subtracting from this product the district's local effort and, in years not governed under subsection 4 of this section, subtracting payments from the classroom trust fund under section 163.043.  

            2.  Other provisions of law to the contrary notwithstanding:

            (1)  For districts with an average daily attendance of more than three hundred fifty in the school year preceding the payment year:

            (a)  For the 2006-07 school year, the state revenue per weighted average daily attendance received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the state revenue received by a district in the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the sum of one plus the product of one-third multiplied by the remainder of the dollar value modifier minus one, and dividing this product by the weighted average daily attendance computed for the 2005-06 school year;

            (b)  For the 2007-08 school year, the state revenue per weighted average daily attendance received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the state revenue received by a district in the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the sum of one plus the product of two-thirds multiplied by the remainder of the dollar value modifier minus one, and dividing this product by the weighted average daily attendance computed for the 2005-06 school year;

            (c)  For the 2008-09 school year, the state revenue per weighted average daily attendance received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the state revenue received by a district in the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the dollar value modifier, and dividing this product by the weighted average daily attendance computed for the 2005-06 school year;

            (d)  Except as provided in paragraph (e) of this subdivision, for each year subsequent to the 2008-09 school year, the amount shall be no less than that computed in paragraph (c) of this subdivision, multiplied by the weighted average daily attendance pursuant to section 163.036, less any increase in revenue received from the classroom trust fund under section 163.043;

            (e)  In any school year in which the foundation formula appropriation under subsections 1, 2, and 4 of this section is insufficient to fully fund the applicable percentages provided for in any school year under subsection 4 of this section or is reduced by at least one percent from the current year appropriation by the governor as provided in Section 27 of Article IV of the Missouri Constitution and as a result of said reduction the reduced appropriation is insufficient to fully fund the applicable percentages provided for in any school year under subsection 4 of this section, a reduction equal to the percentage calculated in subdivision (13) of subsection 4 of this section shall be levied against the payment calculated under paragraph (d) of this subdivision;

            (2)  For districts with an average daily attendance of three hundred fifty or less in the school year preceding the payment year:

            (a)  For the 2006-07 school year, the state revenue received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the greater of state revenue received by a district in the 2004-05 or 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the sum of one plus the product of one-third multiplied by the remainder of the dollar value modifier minus one;

            (b)  For the 2007-08 school year, the state revenue received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the greater of state revenue received by a district in the 2004-05 or 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the sum of one plus the product of two-thirds multiplied by the remainder of the dollar value modifier minus one;

            (c)  For the 2008-09 school year, the state revenue received by a district from the state aid calculation under subsections 1 and 4 of this section, as applicable, and the classroom trust fund under section 163.043 shall not be less than the greater of state revenue received by a district in the 2004-05 or 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payment amounts multiplied by the dollar value modifier;

            (d)  Except as provided in paragraph (e) of this subdivision, for each year subsequent to the 2008-09 school year, the amount shall be no less than that computed in paragraph (c) of this subdivision;

            (e)  In any school year in which the foundation formula appropriation under subsections 1, 2, and 4 of this section is insufficient to fully fund the applicable percentages provided for in any school year under subsection 4 of this section or is reduced by at least one percent from the current year appropriation by the governor as provided in section 27 of article IV of the Missouri Constitution and as a result of said reduction the reduced appropriation is insufficient to fully fund the applicable percentages provided for in any school year under subsection 4 of this section, a reduction equal to the percentage calculated in subdivision (13) of subsection 4 of this section shall be levied against the payment calculated under paragraph (d) of this subdivision;

            (3)  The department of elementary and secondary education shall make an addition in the payment amount specified in subsection 1 of this section to assure compliance with the provisions contained in this subsection.  

            3.  School districts that meet the requirements of section 163.021 shall receive categorical add-on revenue as provided in this subsection.  The categorical add-on for the district shall be the sum of: seventy-five percent of the district allowable transportation costs under section 163.161; 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 the district educational and screening program entitlements as provided for in sections 178.691 to 178.699, RSMo.  The categorical add-on revenue amounts may be adjusted to accommodate available appropriations.  

            4.  In the 2006-07 school year and each school year thereafter for [five] ten years, those districts entitled to receive state aid under the provisions of subsection 1 of this section shall receive state aid in an amount as provided in this subsection.  

            (1)  For the 2006-07 school year, the amount shall be fifteen percent of the amount of state aid calculated for the district for the 2006-07 school year under the provisions of subsection 1 of this section, plus eighty-five percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.  

            (2)  For the 2007-08 school year, the amount shall be thirty percent of the amount of state aid calculated for the district for the 2007-08 school year under the provisions of subsection 1 of this section, plus seventy percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.  

            (3)  For the 2008-09 school year, the amount of state aid shall be forty-four percent of the amount of state aid calculated for the district for the 2008-09 school year under the provisions of subsection 1 of this section plus fifty-six percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.  

            (4)  For the 2009-10 school year, the amount of state aid shall be fifty-eight percent of the amount of state aid calculated for the district for the 2009-10 school year under the provisions of subsection 1 of this section plus forty-two percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.  

            (5)  For the 2010-11 school year, the amount of state aid shall be [seventy-two] fifty percent of the amount of state aid calculated for the district for the 2010-11 school year under the provisions of subsection 1 of this section plus [twenty-eight] fifty percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.  

            (6)  For the 2011-12 school year, the amount of state aid shall be [eighty-six] fifty percent of the amount of state aid calculated for the district for the 2011-12 school year under the provisions of subsection 1 of this section plus [fourteen] fifty percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.  

            (7)  For the 2012-13 school year, the amount of state aid shall be fifty-five percent of the amount of state aid calculated for the district for the 2012-13 school year under the provisions of subsection 1 of this section plus forty-five percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

            (8)  For the 2013-14 school year, the amount of state aid shall be sixty percent of the amount of state aid calculated for the district for the 2013-14 school year under the provisions of subsection 1 of this section plus forty percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

            (9)  For the 2014-15 school year, the amount of state aid shall be seventy percent of the amount of state aid calculated for the district for the 2014-15 school year under the provisions of subsection 1 of this section plus thirty percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

            (10)  For the 2015-16 school year, the amount of state aid shall be eighty percent of the amount of state aid calculated for the district for the 2015-16 school year under the provisions of subsection 1 of this section plus twenty percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

            (11)  For the 2016-17 school year, the amount of state aid shall be ninety percent of the amount of state aid calculated for the district for the 2016-17 school year under the provisions of subsection 1 of this section plus ten percent of the total amount of state revenue received by the district for the 2005-06 school year from the foundation formula, line 14, gifted, remedial reading, exceptional pupil aid, fair share, and free textbook payments less any amounts received under section 163.043.

            (12)  The provisions of this subsection shall not prohibit the general assembly from appropriating more funds than required to fund the applicable percentages provided for in any school year under this subsection.  In such an instance, the department of elementary and secondary education shall adjust such phase-in percentages in order to accommodate the total amount of available appropriations so that such percentages equal one hundred percent and the total amount of the appropriated funds is distributed.

            (13)  For any school year governed by this subsection, if the foundation formula appropriation under subsections 1, 2, and 4 of this section is insufficient to fully fund the applicable percentages provided for in any school year under subsection 4 of this section or is reduced by at least one percent from the current year appropriation by the governor as provided in section 27 of article IV of the Missouri Constitution and as a result of said reduction the reduced appropriation is insufficient to fully fund the applicable percentages provided for in any school year under subsection 4 of this section, the department of elementary and secondary education shall reduce the payment amounts awarded to all districts, including those districts that qualify under subsection 2 of this section.  The department shall calculate a uniform proportional reduction percentage based on all available foundation formula state aid for the given school year to be applied to the payment amount to which all districts would otherwise be entitled under the applicable phase-in percentage for the applicable school year as provided in this subsection;

            (14)  (a)  Notwithstanding subdivision (18) of section 163.011, the state adequacy target may not be adjusted downward to accommodate available appropriations in any year governed by this subsection.  

            (b)  [a.  For the 2006-07 school year, if a school district experiences a decrease in summer school average daily attendance of more than twenty percent from the district's 2005-06 summer school average daily attendance, an amount equal to the product of the percent reduction that is in excess of twenty percent of the district's summer school average daily attendance multiplied by the funds generated by the district's summer school program in the 2005-06 school year shall be subtracted from the district's current year payment amount.  

            b.  For the 2007-08 school year, if a school district experiences a decrease in summer school average daily attendance of more than thirty percent from the district's 2005-06 summer school average daily attendance, an amount equal to the product of the percent reduction that is in excess of thirty percent of the district's summer school average daily attendance multiplied by the funds generated by the district's summer school program in the 2005-06 school year shall be subtracted from the district's payment amount.  

            c.  For the 2008-09 school year, if a school district experiences a decrease in summer school average daily attendance of more than thirty-five percent from the district's 2005-06 summer school average daily attendance, an amount equal to the product of the percent reduction that is in excess of thirty-five percent of the district's summer school average daily attendance multiplied by the funds generated by the district's summer school program in the 2005-06 school year shall be subtracted from the district's payment amount.  

            d.  Notwithstanding the provisions of this paragraph, no such reduction shall be made in the case of a district that is receiving a payment under section 163.044 or any district whose regular school term average daily attendance for the preceding year was three hundred fifty or less.  

            e.  This paragraph shall not be construed to permit any reduction applied under this paragraph to result in any district receiving a current-year payment that is less than the amount calculated for such district under subsection 2 of this section.

            (c)]  If a school district experiences a decrease in its gifted program enrollment of more than twenty percent from its 2005-06 gifted program enrollment in any year governed by this subsection, an amount equal to the product of the percent reduction in the district's gifted program enrollment multiplied by the funds generated by the district's gifted program in the 2005-06 school year shall be subtracted from the district's current year payment amount.

            5.  For any school district meeting the eligibility criteria for state aid as established in section 163.021, but which is considered an option district under section 163.042 and therefore receives no state aid, the commissioner of education shall present a plan to the superintendent of the school district for the waiver of rules and the duration of said waivers, in order to promote flexibility in the operations of the district and to enhance and encourage efficiency in the delivery of instructional services as provided in section 163.042.  

            6.  (1)  No less than seventy-five percent of the state revenue received under the provisions of subsections 1, 2, and 4 of this section shall be placed in the teachers' fund, and the remaining percent of such moneys shall be placed in the incidental fund.  No less than seventy-five percent of one-half of the funds received from the school district trust fund distributed under section 163.087 shall be placed in the teachers' fund.  One hundred percent of revenue received under the provisions of section 163.161 shall be placed in the incidental fund.  One hundred percent of revenue received under the provisions of sections 168.500 to 168.515, RSMo, shall be placed in the teachers' fund.  

            (2)  A school district shall spend for certificated compensation and tuition expenditures each year:

            (a)  An amount equal to at least seventy-five percent of the state revenue received under the provisions of subsections 1, 2, and 4 of this section;

            (b)  An amount equal to at least seventy-five percent of one-half of the funds received from the school district trust fund distributed under section 163.087 during the preceding school year; and

            (c)  Beginning in fiscal year 2008, as much as was spent per the second preceding year's weighted average daily attendance for certificated compensation and tuition expenditures the previous year from revenue produced by local and county tax sources in the teachers' fund, plus the amount of the incidental fund to teachers' fund transfer calculated to be local and county tax sources by dividing local and county tax sources in the incidental fund by total revenue in the incidental fund.  In the event a district fails to comply with this provision, the amount by which the district fails to spend funds as provided herein shall be deducted from the district's state revenue received under the provisions of subsections 1, 2, and 4 of this section for the following year, provided that the state board of education may exempt a school district from this provision if the state board of education determines that circumstances warrant such exemption.

            7.  If a school district's annual audit discloses that students were inappropriately identified as eligible for free and reduced lunch, special education, or limited English proficiency and the district does not resolve the audit finding, the department of elementary and secondary education shall require that the amount of aid paid pursuant to the weighting for free and reduced lunch, special education, or limited English proficiency in the weighted average daily attendance on the inappropriately identified pupils be repaid by the district in the next school year and shall additionally impose a penalty of one hundred percent of such aid paid on such pupils, which penalty shall also be paid within the next school year.  Such amounts may be repaid by the district through the withholding of the amount of state aid.  

            163.036.  1.  In computing the amount of state aid a school district is entitled to receive for the minimum school term only under section 163.031, a school district may use an estimate of the weighted average daily attendance for the current year, or the weighted average daily attendance for the immediately preceding year or the weighted average daily attendance for the second preceding school year, whichever is greater.  Beginning with the 2006-07 school year, the summer school attendance included in the average daily attendance as defined in subdivision (2) of section 163.011 shall include only the attendance hours of pupils that attend summer school in the current year.  Beginning with the 2010-2011 school year, the summer school attendance included in the payment weighted average daily attendance calculation shall include only the current year summer school attendance hours of pupils based exclusively on academic areas of study.  The curriculum shall be based on core subject areas of the regular instruction program for the relevant grade levels.  In order for summer school attendance to be included in the average daily attendance definition, each school district shall verify to the department of elementary and secondary education that the district's summer school program conforms to this subsection.  This subsection shall not be construed to disallow a school district from providing a summer school program that offers nonacademic or enrichment activities at such district's expense.  No more than ten percent of a school district's weighted average daily attendance shall be derived from summer school attendance, except for any district with a free and reduced lunch population in excess of seventy-five percent, which may have up to twenty-five percent of weighted average daily attendance derived from summer school attendance.  Beginning with the 2004-05 school year, when a district's official calendar for the current year contributes to a more than ten percent reduction in the average daily attendance for kindergarten compared to the immediately preceding year, the payment attributable to kindergarten shall include only the current year kindergarten average daily attendance.  Any error made in the apportionment of state aid because of a difference between the actual weighted average daily attendance and the estimated weighted average daily attendance shall be corrected as provided in section 163.091, except that if the amount paid to a district estimating weighted average daily attendance exceeds the amount to which the district was actually entitled by more than five percent, interest at the rate of six percent shall be charged on the excess and shall be added to the amount to be deducted from the district's apportionment the next succeeding year.  

            2.  Notwithstanding the provisions of subsection 1 of this section or any other provision of law, the state board of education shall make an adjustment for the immediately preceding year for any increase in the actual weighted average daily attendance above the number on which the state aid in section 163.031 was calculated.  Said adjustment shall be made in the manner providing for correction of errors under subsection 1 of this section.  

            3.  Any error made in the apportionment of state aid because of a difference between the actual equalized assessed valuation for the current year and the estimated equalized assessed valuation for the current year shall be corrected as provided in section 163.091, except that if the amount paid to a district estimating current equalized assessed valuation exceeds the amount to which the district was actually entitled, interest at the rate of six percent shall be charged on the excess and shall be added to the amount to be deducted from the district's apportionment the next succeeding year.  

            4.  For the purposes of distribution of state school aid pursuant to section 163.031, a school district with ten percent or more of its assessed valuation that is owned by one person or corporation as commercial or personal property who is delinquent in a property tax payment may elect, after receiving notice from the county clerk on or before March fifteenth that more than ten percent of its current taxes due the preceding December thirty-first by a single property owner are delinquent, to use in the local effort calculation of the state aid formula the district's equalized assessed valuation for the preceding year or the actual assessed valuation of the year for which the taxes are delinquent less the assessed valuation of property for which the current year's property tax is delinquent.  To qualify for use of the actual assessed valuation of the year for which the taxes are delinquent less the assessed valuation of property for which the current year's property tax is delinquent, a district must notify the department of elementary and secondary education on or before April first, except in the year enacted, of the current year amount of delinquent taxes, the assessed valuation of such property for which delinquent taxes are owed and the total assessed valuation of the district for the year in which the taxes were due but not paid.  Any district giving such notice to the department of elementary and secondary education shall present verification of the accuracy of such notice obtained from the clerk of the county levying delinquent taxes.  When any of the delinquent taxes identified by such notice are paid during a four-year period following the due date, the county clerk shall give notice to the district and the department of elementary and secondary education, and state aid paid to the district shall be reduced by an amount equal to the delinquent taxes received plus interest.  The reduction in state aid shall occur over a period not to exceed five years and the interest rate on excess state aid not refunded shall be six percent annually.  

            5.  If a district receives state aid based on equalized assessed valuation as determined by subsection 4 of this section and if prior to such notice the district was paid state aid pursuant to section 163.031, the amount of state aid paid during the year of such notice and the first year following shall equal the sum of state aid paid pursuant to section 163.031 plus the difference between the state aid amount being paid after such notice minus the amount of state aid the district would have received pursuant to section 163.031 before such notice.  To be eligible to receive state aid based on this provision the district must levy during the first year following such notice at least the maximum levy permitted school districts by article X, section 11(b) of the Missouri Constitution and have a voluntary rollback of its tax rate which is no greater than one cent per one hundred dollars assessed valuation.  

            163.410.  1.  Notwithstanding the provisions of section 163.021, in fiscal years 2011, 2012, and 2013, if the appropriation for subsections 1 and 2 of section 163.031 is less than the annualized calculation of the amount needed for the phase-in required under subsection 4 for that fiscal year or the appropriation for transportation as provided in subsection 3 of section 163.031 is funded at a level that provides less than seventy-five percent of allowable costs, school districts shall be excused from compliance with:

            (1)  Spending funds for professional development as required under subsection 1 of section 160.530; and

            (2)  The fund placement and expenditure requirements of subsection 6 of section 163.031.

            2.  If the governor withholds funds for the school funding formula basic apportionment under section 163.031, in fiscal years 2011, 2012, and 2013, school districts shall be excused from compliance with the statutes listed in subsection 1 of this section in the following fiscal year.

            167.020.  1.  As used in this section, the term "homeless child" or "homeless youth" shall [mean a person less than twenty-one years of age who lacks a fixed, regular and adequate nighttime residence, including a child or youth who:

            (1)  Is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; is living in motels, hotels, or camping grounds due to lack of alternative adequate accommodations; is living in emergency or transitional shelters; is abandoned in hospitals; or is awaiting foster care placement;

            (2)  Has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

            (3)  Is living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

            (4)  Is a migratory child or youth who qualifies as homeless because the child or youth is living in circumstances described in subdivisions (1) to (3) of this subsection] have the same meaning as the term "homeless children and youths" in 42 U.S.C. Section 11434a.  

            2.  In order to register a pupil, the parent or legal guardian of the pupil or the pupil himself or herself shall provide, at the time of registration, one of the following:

            (1)  Proof of residency in the district.  Except as otherwise provided in section 167.151, the term "residency" shall mean that a person both physically resides within a school district and is domiciled within that district or, in the case of a private school student suspected of having a disability under the Individuals With Disabilities Education Act, 20 U.S.C. Section 1412, et seq, that the student attends private school within that district.  The domicile of a minor child shall be the domicile of a parent, military guardian pursuant to a military-issued guardianship or court-appointed legal guardian; or

            (2)  Proof that the person registering the student has requested a waiver under subsection 3 of this section within the last forty-five days.  In instances where there is reason to suspect that admission of the pupil will create an immediate danger to the safety of other pupils and employees of the district, the superintendent or the superintendent's designee may convene a hearing within five working days of the request to register and determine whether or not the pupil may register.  

            3.  Any person subject to the requirements of subsection 2 of this section may request a waiver from the district board of any of those requirements on the basis of hardship or good cause.  Under no circumstances shall athletic ability be a valid basis of hardship or good cause for the issuance of a waiver of the requirements of subsection 2 of this section.  The district board or committee of the board appointed by the president and which shall have full authority to act in lieu of the board shall convene a hearing as soon as possible, but no later than forty-five days after receipt of the waiver request made under this subsection or the waiver request shall be granted.  The district board or committee of the board may grant the request for a waiver of any requirement of subsection 2 of this section.  The district board or committee of the board may also reject the request for a waiver in which case the pupil shall not be allowed to register.  Any person aggrieved by a decision of a district board or committee of the board on a request for a waiver under this subsection may appeal such decision to the circuit court in the county where the school district is located.  

            4.  Any person who knowingly submits false information to satisfy any requirement of subsection 2 of this section is guilty of a class A misdemeanor.  

            5.  In addition to any other penalties authorized by law, a district board may file a civil action to recover, from the parent, military guardian or legal guardian of the pupil, the costs of school attendance for any pupil who was enrolled at a school in the district and whose parent, military guardian or legal guardian filed false information to satisfy any requirement of subsection 2 of this section.  

            6.  Subsection 2 of this section shall not apply to a pupil who is a homeless child or youth, or a pupil attending a school not in the pupil's district of residence as a participant in an interdistrict transfer program established under a court-ordered desegregation program, a pupil who is a ward of the state and has been placed in a residential care facility by state officials, a pupil who has been placed in a residential care facility due to a mental illness or developmental disability, a pupil attending a school pursuant to sections 167.121 and 167.151, a pupil placed in a residential facility by a juvenile court, a pupil with a disability identified under state eligibility criteria if the student is in the district for reasons other than accessing the district's educational program, or a pupil attending a regional or cooperative alternative education program or an alternative education program on a contractual basis.  

            7.  Within two business days of enrolling a pupil, the school official enrolling a pupil, including any special education pupil, shall request all education records deemed necessary by the school official for enrollment, including but not limited to those records required by district policy for student transfer, individual education plans, health records, and those discipline records required by subsection 9 of section 160.261, RSMo, from all schools previously attended by the pupil within the last twelve months.  Any school district that receives a request for such records from another school district or private or parochial school enrolling a pupil that had previously attended a school in such district shall respond to such request within five business days of receiving the request.  School districts may report or disclose education records to law enforcement [and], juvenile justice authorities, or other state or local officials if the disclosure concerns law enforcement's or juvenile justice authorities' ability to effectively serve, prior to adjudication, the student whose records are released.  The officials and authorities to whom such information is disclosed must comply with applicable restrictions set forth in 20 U.S.C. Section 1232g (b)(1)(E).  

            167.022.  Consistent with the provisions of section 167.020, within [forty-eight hours] two business days of enrolling a nonresident pupil placed pursuant to sections 210.481 to 210.536, RSMo, the school official enrolling a pupil, including any special education pupil, shall request all education records deemed necessary by the school official for enrollment, including but not limited to those records required by district policy for student transfer, individual education plans, health records, and those discipline records required by subsection [7] 9 of section 160.261, RSMo, from all schools and other facilities previously attended by the pupil and from other state agencies as enumerated in section 210.518, RSMo, and any entities involved with the placement of the student within the last twenty-four months.  Any request for records under this section shall include, if applicable to the student, any records relating to an act of violence as defined under subsection [7] 9 of section [160.262] 160.261, RSMo.  

            167.023.  1.  When a student is found to have committed a reportable offense under subdivisions (1) to (25) of subsection 2 of section 160.261, the school district shall provide notice of such reportable offense to any school district or private or parochial school to which the student transfers or enrolls.  In addition, if the student has been certified for trial as an adult under section 211.071, then the school district shall attach notice of the commission of the reportable offense to the student's disciplinary record.  However, if the student is under the jurisdiction of the juvenile court, the school shall attach a notice to the student's disciplinary record stating only that a reportable offense under subdivisions (1) to (25) of subsection 2 of section 160.261 has been committed by the student.  Expungement of school disciplinary records may occur in accordance with section 167.026.

            2.  Prior to admission to any public school, a school board may require the parent, guardian, or other person having control or charge of a child of school age to provide, upon enrollment, a sworn statement or affirmation indicating whether the student has been expelled from school attendance at any school, public or private, in this state or in any other state for an offense in violation of school board policies relating to weapons, alcohol or drugs, or for the willful infliction of injury to another person.  Any person making a materially false statement or affirmation shall be guilty upon conviction of a class B misdemeanor.  The registration document shall be maintained as a part of the student's scholastic record.  

            167.029.  A public school district [in any city not within a county shall determine whether a dress code policy requiring pupils] may require students to wear a school uniform [is appropriate at any school or schools within such district, and if it is so determined, shall adopt such a policy] or restrict student dress to a particular style in accordance with the law.  The school district may determine the style and color of the school uniform.  

            167.115.  1.  Notwithstanding any provision of chapter 211, RSMo, or chapter 610, RSMo, to the contrary, the juvenile officer, sheriff, chief of police or other appropriate law enforcement authority shall, as soon as reasonably practical, notify the superintendent, or the superintendent's designee, of the school district in which the pupil is enrolled when a petition is filed pursuant to subsection 1 of section 211.031, RSMo, alleging that the pupil has committed one of the following acts:

            (1)  First degree murder under section 565.020, RSMo;

            (2)  Second degree murder under section 565.021, RSMo;

            (3)  Kidnapping under section 565.110, RSMo;

            (4)  First degree assault under section 565.050, RSMo;

            (5)  Forcible rape under section 566.030, RSMo;

            (6)  Forcible sodomy under section 566.060, RSMo;

            (7)  Burglary in the first degree under section 569.160, RSMo;

            (8)  Burglary in the second degree under section 569.170;

            (9)  Robbery in the first degree under section 569.020, RSMo;

            [(9)]  (10) Distribution of drugs under section 195.211, RSMo;

            [(10)]  (11)  Distribution of drugs to a minor under section 195.212, RSMo;

            [(11)]  (12)  Arson in the first degree under section 569.040, RSMo;

            [(12)]  (13)  Voluntary manslaughter under section 565.023, RSMo;

            [(13)]  (14)  Involuntary manslaughter under section 565.024, RSMo;

            [(14)]  (15)  Second degree assault under section 565.060, RSMo;

            [(15)]  (16)  Sexual assault under section 566.040, RSMo;

            [(16)]  (17)  Felonious restraint under section 565.120, RSMo;

            [(17)]  (18)  Property damage in the first degree under section 569.100, RSMo;

            [(18)]  (19)  The possession of a weapon under chapter 571, RSMo;

            [(19)]  (20)  Child molestation in the first degree pursuant to section 566.067, RSMo;

            [(20)]  (21)  Deviate sexual assault pursuant to section 566.070, RSMo;

            [(21)]  (22)  Sexual misconduct involving a child pursuant to section 566.083, RSMo; [or]  

            [(22)]  (23) Sexual abuse pursuant to section 566.100, RSMo;

            (24)  Harassment under section 565.090; or

            (25)  Stalking under section 565.225.  

            2.  The notification shall be made orally or in writing, in a timely manner, no later than five days following the filing of the petition.  If the report is made orally, written notice shall follow in a timely manner.  The notification shall include a complete description of the conduct the pupil is alleged to have committed and the dates the conduct occurred but shall not include the name of any victim.  Upon the disposition of any such case, the juvenile office or prosecuting attorney or their designee shall send a second notification to the superintendent providing the disposition of the case, including a brief summary of the relevant finding of facts, no later than five days following the disposition of the case.  

            3.  The superintendent or the designee of the superintendent shall report such information to all teachers at the student's attendance center and to any other school district employees with a need to know while acting within the scope of their assigned duties.  Any information received by school district officials pursuant to this section shall be received in confidence and used for the limited purpose of assuring that good order and discipline is maintained in the school.  This information shall not be used as the sole basis for not providing educational services to a public school pupil.  

            4.  The superintendent shall notify the appropriate division of the juvenile or family court upon any pupil's suspension for more than ten days or expulsion of any pupil that the school district is aware is under the jurisdiction of the court.

            5.  The superintendent or the superintendent's designee may be called to serve in a consultant capacity at any dispositional proceedings pursuant to section 211.031, RSMo, which may involve reference to a pupil's academic treatment plan.  

            6.  Upon the transfer of any pupil described in this section to any other school district in this state, the superintendent or the superintendent's designee shall forward the written notification given to the superintendent pursuant to subsection 2 of this section to the superintendent of the new school district in which the pupil has enrolled.  Such written notification shall be required again in the event of any subsequent transfer by the pupil.  

            7.  As used in this section, the terms "school" and "school district" shall include any charter, private or parochial school or school district, and the term "superintendent" shall include the principal or equivalent chief school officer in the cases of charter, private or parochial schools.  

            8.  The superintendent or the designee of the superintendent or other school employee who, in good faith, reports information in accordance with the terms of this section and section 160.261, RSMo, shall not be civilly liable for providing such information.

            167.117.  1.  In any instance when any person is believed to have committed an act which if committed by an adult would be assault in the first, second or third degree, sexual assault, or deviate sexual assault against a pupil or school employee, while on school property, including a school bus in service on behalf of the district, or while involved in school activities, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent, except in any instance when any person is believed to have committed an act which if committed by an adult would be assault in the third degree and a written agreement as to the procedure for the reporting of such incidents of third degree assault has been executed between the superintendent of the school district and the appropriate local law enforcement agency, the principal shall report such incident to the appropriate local law enforcement agency in accordance with such agreement.  

            2.  In any instance when a pupil is discovered to have on or about such pupil's person, or among such pupil's possessions, or placed elsewhere on the school premises, including but not limited to the school playground or the school parking lot, on a school bus or at a school activity whether on or off of school property any controlled substance as defined in section 195.010, RSMo, or any weapon as defined in subsection [4] 6 of section 160.261, RSMo, in violation of school policy, the principal shall immediately report such incident to the appropriate local law enforcement agency and to the superintendent.  

            3.  In any instance when a teacher becomes aware of an assault as set forth in subsection 1 of this section or finds a pupil in possession of a weapon or controlled substances as set forth in subsection 2 of this section, the teacher shall immediately report such incident to the principal.

            4.  A school employee, superintendent or such person's designee who in good faith provides information to law enforcement or juvenile authorities pursuant to this section or section 160.261, RSMo, shall not be civilly liable for providing such information.  

            5.  Any school official responsible for reporting pursuant to this section or section 160.261, RSMo, who willfully neglects or refuses to perform this duty shall be subject to the penalty established pursuant to section 162.091, RSMo.  

            167.128.  1. Notwithstanding the provisions of section 167.121, a student who rides a bus to a school in his or her district of residence with a travel time of more than one hour each way may, with the approval of both the student's school district of residence and the receiving district, enroll in the receiving district to attend a school if the travel time to that school is one-half or less of the travel time to the school in the student’s residence district.

            2.  The state aid generated by a student under subsection 1 of this section shall be awarded to the receiving district.

            3. The receiving district may provide transportation to a student under subsection 1 of this section within the boundaries of the receiving district.

            167.151.  1.  The school board of any district, in its discretion, may admit to the school pupils not entitled to free instruction and prescribe the tuition fee to be paid by them, except as provided in sections 167.121 and 167.131.  The school board of any district may, in its discretion, allow the children of teachers or regular employees of the district not otherwise entitled to free instruction in the district to attend school in the district and may prescribe the tuition fee, if any, to be paid by them irrespective of whether the district admits other pupils not entitled to free instruction in the district.  

            2.  Orphan children, children with only one parent living, and children whose parents do not contribute to their support--if the children are between the ages of six and twenty years and are unable to pay tuition--may attend the schools of any district in the state in which they have a permanent or temporary home without paying a tuition fee.  

            3.  Any person who pays a school tax in any other district than that in which he resides may send his children to any public school in the district in which the tax is paid and receive as a credit on the amount charged for tuition the amount of the school tax paid to the district; except that any person who owns real estate of which eighty acres or more are used for agricultural purposes and upon which his residence is situated may send his children to public school in any school district in which a part of such real estate, contiguous to that upon which his residence is situated, lies and shall not be charged tuition therefor; so long as thirty-five percent of the real estate is located in the school district of choice.  The school district of choice shall count the children in its average daily attendance for the purpose of distribution of state aid through the foundation formula.  

            4.  Any owner of agricultural land who, pursuant to subsection 3 of this section, has the option of sending his children to the public schools of more than one district shall exercise such option as provided in this subsection.  Such person shall send written notice to all school districts involved specifying to which school district his children will attend by June thirtieth in which such a school year begins.  If notification is not received, such children shall attend the school in which the majority of his property lies.  Such person shall not send any of his children to the public schools of any district other than the one to which he has sent notice pursuant to this subsection in that school year or in which the majority of his property lies without paying tuition to such school district.  

            [5.  If a pupil is attending school in a district other than the district of residence and the pupil's parent is teaching in the school district or is a regular employee of the school district which the pupil is attending, then the district in which the pupil attends school shall allow the pupil to attend school upon payment of tuition in the same manner in which the district allows other pupils not entitled to free instruction to attend school in the district.  The provisions of this subsection shall apply only to pupils attending school in a district which has an enrollment in excess of thirteen thousand pupils and not in excess of fifteen thousand pupils and which district is located in a county of the first classification with a charter form of government which has a population in excess of six hundred thousand persons and not in excess of nine hundred thousand persons.]

            167.161.  1.  The school board of any district, after notice to parents or others having custodial care and a hearing upon charges preferred, may suspend or expel a pupil for conduct which is prejudicial to good order and discipline in the schools or which tends to impair the morale or good conduct of the pupils.  In addition to the authority granted in section 167.171, a school board may authorize, by general rule, the immediate removal of a pupil upon a finding by the principal, superintendent, or school board that the pupil poses a threat of harm to such pupil or others, as evidenced by the prior conduct of such pupil.  Prior disciplinary actions shall not be used as the sole basis for removal, suspension or expulsion of a pupil.  Removal of any pupil who is a student with a disability is subject to state and federal procedural rights.  At the hearing upon any such removal, suspension or expulsion, the board shall consider the evidence and statements that the parties present and may consider records of past disciplinary actions, criminal court records or juvenile court records consistent with other provisions of the law, or the actions of the pupil which would constitute a criminal offense.  The board may provide by general rule not inconsistent with this section for the procedure and conduct of such hearings.  After meeting with the superintendent or his designee to discuss the expulsion, the parent, custodian or the student, if at least eighteen years of age, may, in writing, waive any right to a hearing before the board of education.  

            2.  The school board of any district, after notice to parents or others having custodial care and a hearing upon the matter, may suspend or expel a pupil upon a finding that the pupil has been charged, convicted or pled guilty in a court of general jurisdiction for the commission of a felony criminal violation of state or federal law.  At a hearing required by this subsection, the board shall consider statements that the parties present.  The board may provide for the procedure and conduct of such hearings.  

            3.  The school board shall make a good-faith effort to have the parents or others having custodial care present at any such hearing.  Notwithstanding any other provision of law to the contrary, student discipline hearings or proceedings related to the rights of students to attend school or to receive academic credit shall not be required to comply with the requirements applicable to contested case hearings as provided in chapter 536, RSMo, provided that appropriate due process procedures shall be observed which shall include the right for a trial de novo by the circuit court.  

            167.164.  1.  Any suspension or expulsion issued [pursuant to] by a public school district under section 167.161[,] or this section[, or expulsion pursuant to section 167.161,] shall not relieve the state or the suspended student's parents or guardians of their responsibilities to educate the student.  School districts are encouraged to provide an in-school suspension system and to search for other acceptable discipline alternatives prior to using suspensions of more than ten days or expelling a student from the school.  Each school district or special school district constituting the domicile of any child for whom alternative education programs are provided or procured under this section shall pay toward the per pupil costs for alternative education programs for such child.  A school district which is not a special school district shall pay an amount equal to the average sum produced per child by the local tax effort of the district of domicile.  A special school district shall pay an amount not to exceed the average sum produced per child by the local tax efforts of the domiciliary districts.  When educational services have been provided by the school district or special school district in which a child actually resides, other than the district of domicile, the amounts as provided in subsection 2 of this section for which the domiciliary school district or special school district is responsible shall be paid by such district directly to the serving district.  The school district, or special school district, as the case may be, shall send a written voucher for payment to the regular or special district constituting the domicile of the child served and the domiciliary school district or special school district receiving such voucher shall pay the district providing or procuring the services an amount not to exceed the average sum produced per child by the local tax efforts of the domiciliary districts.  In the event the responsible district fails to pay the appropriate amount to the district within ninety days after a voucher is submitted, the state department of elementary and secondary education shall deduct the appropriate amount due from the next payments of any state financial aid due that district and shall pay the same to the appropriate district.  

            2.  A school district may contract with other political subdivisions, public agencies, not-for-profit organizations, or private agencies for the provision of alternative education services for students whose demonstrated disruptive behavior indicates that they cannot be adequately served in the traditional classroom setting.  Such contracting may be included as part of a grant application pursuant to section 167.335 or conducted independent of the provisions of section 167.335.  

            167.621.  1.  Persons providing health services under sections 167.600 to 167.621 shall obtain authorization from a parent or guardian of the child before providing services as provided by section 431.061, RSMo.

            2.  No employee of any school district may be required to administer medication or medical services for which the employee is not qualified according to standard medical practices.  No unqualified employee who refuses to [violate this provision] administer medication or medical services shall be subject to any disciplinary action for such refusal.  Nothing herein shall be construed to prevent any employee from providing routine first aid, provided that any employee shall be held harmless and immune from any liability if such employee is following a proper procedure adopted by the local school board.

            3.  Any qualified employee shall be held harmless and immune from any civil liability for administering medication or medical services in good faith and according to standard medical practices.

            167.624.  Each school board in the state, if the school district does not presently have a program as described below, may develop and implement a program to train the students and employees of the district in the administration of cardiopulmonary resuscitation and other lifesaving methods, as they determine best, and may consult the department of public safety, the state fire marshal's office, the local fire protection authorities, and others as the board sees fit.  The board may make completion of the program a requirement for graduation.  Any trained employee shall be held harmless and immune from any civil liability for administering cardiopulmonary resuscitation and other lifesaving methods in good faith and according to standard medical practices.

            167.627.  1.  For purposes of this section, the following terms shall mean:

            (1)  "Medication", any medicine prescribed or ordered by a physician for the treatment of asthma or anaphylaxis, including without limitation inhaled bronchodilators and auto-injectible epinephrine;

            (2)  "Self-administration", a pupil's discretionary use of medication prescribed by a physician or under a written treatment plan from a physician.  

            2.  Each board of education and its employees and agents in this state shall grant any pupil in the school authorization for the possession and self-administration of medication to treat such pupil's chronic health condition, including but not limited to asthma or anaphylaxis if:

            (1)  A licensed physician prescribed or ordered such medication for use by the pupil and instructed such pupil in the correct and responsible use of such medication;

            (2)  The pupil has demonstrated to the pupil's licensed physician or the licensed physician's designee, and the school nurse, if available, the skill level necessary to use the medication and any device necessary to administer such medication prescribed or ordered;

            (3)  The pupil's physician has approved and signed a written treatment plan for managing the pupil's chronic health condition, including asthma or anaphylaxis episodes [of the pupil] and for medication for use by the pupil.  Such plan shall include a statement that the pupil is capable of self-administering the medication under the treatment plan;

            (4)  The pupil's parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan required under subdivision (3) of this subsection and the liability statement required under subdivision (5) of this subsection; and

            (5)  The pupil's parent or guardian has signed a statement acknowledging that the school district and its employees or agents shall incur no liability as a result of any injury arising from the self-administration of medication by the pupil or the administration of such medication by school staff.  Such statement shall not be construed to release the school district and its employees or agents from liability for negligence.  

            3.  An authorization granted under subsection 2 of this section shall:

            (1)  Permit such pupil to possess and self-administer such pupil's medication while in school, at a school-sponsored activity, and in transit to or from school or school-sponsored activity; and

            (2)  Be effective only for the same school and school year for which it is granted.  Such authorization shall be renewed by the pupil's parent or guardian each subsequent school year in accordance with this section.  

            4.  Any current duplicate prescription medication, if provided by a pupil's parent or guardian or by the school, shall be kept at a pupil's school in a location at which the pupil or school staff has immediate access in the event of an asthma or anaphylaxis emergency.  

            5.  The information described in subdivisions (3) and (4) of subsection 2 of this section shall be kept on file at the pupil's school in a location easily accessible in the event of an [asthma or anaphylaxis] emergency.  

            167.630.  1.  Each school board may authorize a school nurse licensed under chapter 335, RSMo, who is employed by the school district and for whom the board is responsible for to maintain an adequate supply of prefilled auto syringes of epinephrine with fifteen-hundredths milligram or three-tenths milligram delivery at the school.  The nurse shall recommend to the school board the number of prefilled epinephrine auto syringes that the school should maintain.

            2.  To obtain prefilled epinephrine auto syringes for a school district, a prescription written by a licensed physician, a physician's assistant, or nurse practitioner is required.  For such prescriptions, the school district shall be designated as the patient, the nurse's name shall be required, and the prescription shall be filled at a licensed pharmacy.  

            3.  A school nurse or other school employee trained by and supervised by the nurse shall have the discretion to use an epinephrine auto syringe on any student the school nurse or trained employee believes is having a life-threatening anaphylactic reaction based on the [nurse's] training in recognizing an acute episode of an anaphylactic reaction.  The provisions of section 167.624 concerning immunity from civil liability for trained employees administering life-saving methods shall apply to trained employees administering a prefilled auto syringe under this section.

            168.017.  No school district or the department of elementary and secondary education shall consider whether the applicant's completion of the required number of semester hours occurred at a postsecondary institution for religious or theological studies when issuing a substitute Missouri certificate of license to teach.

            168.021.  1.  Certificates of license to teach in the public schools of the state shall be granted as follows:

            (1)  By the state board, under rules and regulations prescribed by it:

            (a)  Upon the basis of college credit;

            (b)  Upon the basis of examination;

            (2)  By the state board, under rules and regulations prescribed by the state board with advice from the advisory council established by section 168.015 to any individual who presents to the state board a valid doctoral degree from an accredited institution of higher education accredited by a regional accrediting association such as North Central Association.  Such certificate shall be limited to the major area of postgraduate study of the holder, shall be issued only after successful completion of the examination required for graduation pursuant to rules adopted by the state board of education, and shall be restricted to those certificates established pursuant to subdivision (1) of subsection 3 of this section;

            (3)  By the state board, which shall issue the professional certificate classification in both the general and specialized areas most closely aligned with the current areas of certification approved by the state board, commensurate with the years of teaching experience of the applicant, and based upon the following criteria:

            (a)  Recommendation of a state-approved baccalaureate-level teacher preparation program;

            (b)  Successful attainment of the Missouri qualifying score on the exit assessment for teachers or administrators designated by the state board of education.  Applicants who have not successfully achieved a qualifying score on the designated examinations will be issued a two-year nonrenewable provisional certificate; and

            (c)  Upon completion of a background check as prescribed in section 168.133 and possession of a valid teaching certificate in the state from which the applicant's teacher preparation program was completed;

            (4)  By the state board, under rules prescribed by it, on the basis of a relevant bachelor's degree, or higher degree, and a passing score for the designated exit examination, for individuals whose academic degree and professional experience are suitable to provide a basis for instruction solely in the subject matter of banking or financial responsibility, at the discretion of the state board.  Such certificate shall be limited to the major area of study of the holder and shall be restricted to those certificates established under subdivision (1) of subsection 3 of this section.  Holders of certificates granted under this subdivision shall be exempt from the teacher tenure act under sections 168.102 to 168.130 and each school district shall have the decision-making authority on whether to hire the holders of such certificates; or

            (5)  By the state board, under rules and regulations prescribed by it, on the basis of certification by the American Board for Certification of Teacher Excellence (ABCTE) and verification of ability to work with children as demonstrated by sixty contact hours in any one of the following areas as validated by the school principal: sixty contact hours in the classroom, of which at least forty-five must be teaching; sixty contact hours as a substitute teacher, with at least thirty consecutive hours in the same classroom; sixty contact hours of teaching in a private school; or sixty contact hours of teaching as a paraprofessional, for an initial four-year ABCTE certificate of license to teach, except that such certificate shall not be granted for the areas of early childhood education, elementary education, or special education.  Upon the completion of the requirements listed in paragraphs (a), (b), (c), and (d) of this subdivision, an applicant shall be eligible to apply for a career continuous professional certificate under subdivision (2) of subsection 3 of this section:

            (a)  Completion of thirty contact hours of professional development within four years, which may include hours spent in class in an appropriate college curriculum;

            (b)  Validated completion of two years of the mentoring program of the American Board for Certification of Teacher Excellence or a district mentoring program approved by the state board of education;

            (c)  Attainment of a successful performance-based teacher evaluation; and

            (d)  Participate in a beginning teacher assistance program.  

            2.  All valid teaching certificates issued pursuant to law or state board policies and regulations prior to September 1, 1988, shall be exempt from the professional development requirements of this section and shall continue in effect until they expire, are revoked or suspended, as provided by law.  When such certificates are required to be renewed, the state board or its designee shall grant to each holder of such a certificate the certificate most nearly equivalent to the one so held.  Anyone who holds, as of August 28, 2003, a valid PC-I, PC-II, or continuous professional certificate shall, upon expiration of his or her current certificate, be issued the appropriate level of certificate based upon the classification system established pursuant to subsection 3 of this section.  

            3.  Certificates of license to teach in the public schools of the state shall be based upon minimum requirements prescribed by the state board of education which shall include successful completion of a background check as prescribed in section 168.133.  The state board shall provide for the following levels of professional certification: an initial professional certificate and a career continuous professional certificate.  

            (1)  The initial professional certificate shall be issued upon completion of requirements established by the state board of education and shall be valid based upon verification of actual teaching within a specified time period established by the state board of education.  The state board shall require holders of the four-year initial professional certificate to:

            (a)  Participate in a mentoring program approved and provided by the district for a minimum of two years;

            (b)  Complete thirty contact hours of professional development, which may include hours spent in class in an appropriate college curriculum, or for holders of a certificate under subdivision (4) of subsection 1 of this section, an amount of professional development in proportion to the certificate holder's hours in the classroom, if the certificate holder is employed less than full time; and

            (c)  Participate in a beginning teacher assistance program;

            (2)  (a)  The career continuous professional certificate shall be issued upon verification of completion of four years of teaching under the initial professional certificate and upon verification of the completion of the requirements articulated in paragraphs (a), (b), and (c) of subdivision (1) of this subsection or paragraphs (a), (b), (c), and (d) of subdivision (5) of subsection 1 of this section.  

            (b)  The career continuous professional certificate shall be continuous based upon verification of actual employment in an educational position as provided for in state board guidelines and completion of fifteen contact hours of professional development per year which may include hours spent in class in an appropriate college curriculum.  Should the possessor of a valid career continuous professional certificate fail, in any given year, to meet the fifteen-hour professional development requirement, the possessor may, within two years, make up the missing hours.  In order to make up for missing hours, the possessor shall first complete the fifteen-hour requirement for the current year and then may count hours in excess of the current year requirement as make-up hours.  Should the possessor fail to make up the missing hours within two years, the certificate shall become inactive.  In order to reactivate the certificate, the possessor shall complete twenty-four contact hours of professional development which may include hours spent in the classroom in an appropriate college curriculum within the six months prior to or after reactivating his or her certificate.  The requirements of this paragraph shall be monitored and verified by the local school district which employs the holder of the career continuous professional certificate.

            (c)  A holder of a career continuous professional certificate shall be exempt from the professional development contact hour requirements of paragraph (b) of this subdivision if such teacher has a local professional development plan in place within such teacher's school district and meets two of the three following criteria:

            a.  Has ten years of teaching experience as defined by the state board of education;

            b.  Possesses a master's degree; or

            c.  Obtains a rigorous national certification as approved by the state board of education.  

            4.  Policies and procedures shall be established by which a teacher who was not retained due to a reduction in force may retain the current level of certification.  There shall also be established policies and procedures allowing a teacher who has not been employed in an educational position for three years or more to reactivate his or her last level of certification by completing twenty-four contact hours of professional development which may include hours spent in the classroom in an appropriate college curriculum within the six months prior to or after reactivating his or her certificate.  

            5.  The state board shall, upon [an appropriate] completion of a background check as prescribed in section 168.133, issue a professional certificate classification in the areas most closely aligned with an applicant's current areas of certification, commensurate with the years of teaching experience of the applicant, to any person who is hired to teach in a public school in this state and who possesses a valid teaching certificate from another state or certification under subdivision (4) of subsection 1 of this section, provided that the certificate holder shall annually complete the state board's requirements for such level of certification, and shall establish policies by which residents of states other than the state of Missouri may be assessed a fee for a certificate license to teach in the public schools of Missouri.  Such fee shall be in an amount sufficient to recover any or all costs associated with the issuing of a certificate of license to teach.  The board shall promulgate rules to authorize the issuance of a provisional certificate of license, which shall allow the holder to assume classroom duties pending the completion of a criminal background check under section 168.133, for any applicant who:

            (1)  Is the spouse of a member of the armed forces stationed in Missouri;

            (2)  Relocated from another state within one year of the date of application;

            (3)  Underwent a criminal background check in order to be issued a teaching certificate of license from another state; and

            (4)  Otherwise qualifies under this section.  

            6.  The state board may assess to holders of an initial professional certificate a fee, to be deposited into the excellence in education revolving fund established pursuant to section 160.268, RSMo, for the issuance of the career continuous professional certificate.  However, such fee shall not exceed the combined costs of issuance and any criminal background check required as a condition of issuance.  Applicants for the initial ABCTE certificate shall be responsible for any fees associated with the program leading to the issuance of the certificate, but nothing in this section shall prohibit a district from developing a policy that permits fee reimbursement.  

            7.  Any member of the public school retirement system of Missouri who entered covered employment with ten or more years of educational experience in another state or states and held a certificate issued by another state and subsequently worked in a school district covered by the public school retirement system of Missouri for ten or more years who later became certificated in Missouri shall have that certificate dated back to his or her original date of employment in a Missouri public school.  

            8.  The provisions of subdivision (5) of subsection 1 of this section, as well as any other provision of this section relating to the American Board for Certification of Teacher Excellence, shall terminate on August 28, 2014.  

            168.071.  1.  The state board of education may refuse to issue or renew a certificate, or may, upon hearing, discipline the holder of a certificate of license to teach for the following causes:

            (1)  A certificate holder or applicant for a certificate has pleaded to or been found guilty of a felony or crime involving moral turpitude under the laws of this state, any other state, of the United States, or any other country, whether or not sentence is imposed;

            (2)  The certification was obtained through use of fraud, deception, misrepresentation or bribery;

            (3)  There is evidence of incompetence, immorality, or neglect of duty by the certificate holder;

            (4)  A certificate holder has been subject to disciplinary action relating to certification issued by another state, territory, federal agency, or country upon grounds for which discipline is authorized in this section; or

            (5)  If charges are filed by the local board of education, based upon the annulling of a written contract with the local board of education, for reasons other than election to the general assembly, without the consent of the majority of the members of the board that is a party to the contract.  

            2.  A public school district may file charges seeking the discipline of a holder of a certificate of license to teach based upon any cause or combination of causes outlined in subsection 1 of this section, including annulment of a written contract.  Charges shall be in writing, specify the basis for the charges, and be signed by the chief administrative officer of the district, or by the president of the board of education as authorized by a majority of the board of education.  The board of education may also petition the office of the attorney general to file charges on behalf of the school district for any cause other than annulment of contract, with acceptance of the petition at the discretion of the attorney general.

            3.  The department of elementary and secondary education may file charges seeking the discipline of a holder of a certificate of license to teach based upon any cause or combination of causes outlined in subsection 1 of this section, other than annulment of contract.  Charges shall be in writing, specify the basis for the charges, and be signed by legal counsel representing the department of elementary and secondary education.  

            4.  If the underlying conduct or actions which are the basis for charges filed pursuant to this section are also the subject of a pending criminal charge against the person holding such certificate, the certificate holder may request, in writing, a delayed hearing on advice of counsel under the fifth amendment of the Constitution of the United States.  Based upon such a request, no hearing shall be held until after a trial has been completed on this criminal charge.  

            5.  The certificate holder shall be given not less than thirty days' notice of any hearing held pursuant to this section.

            6.  Other provisions of this section notwithstanding, the certificate of license to teach shall be revoked or, in the case of an applicant, a certificate shall not be issued, if the certificate holder or applicant has pleaded guilty to or been found guilty of any of the following offenses established pursuant to Missouri law or offenses of a similar nature established under the laws of any other state or of the United States, or any other country, whether or not the sentence is imposed:

            (1)  Any dangerous felony as defined in section 556.061, RSMo, or murder in the first degree under section 565.020;

            (2)  Any of the following sexual offenses: rape under section 566.030; statutory rape in the first degree under section 566.032; statutory rape in the second degree under section 566.034; sexual assault under section 566.040; forcible sodomy under section 566.060; statutory sodomy in the first degree under section 566.062; statutory sodomy in the second degree under section 566.064; child molestation in the first degree under section 566.067; child molestation in the second degree under section 566.068; deviate sexual assault under section 566.070; sexual misconduct involving a child under section 566.083; sexual contact with a student while on public school property under section 566.086; sexual misconduct in the first degree under section 566.090; sexual misconduct in the second degree under section 566.093; sexual misconduct in the third degree under section 566.095; sexual abuse under section 565.100; enticement of a child under section 566.151; or attempting to entice a child;

            (3)  Any of the following offenses against the family and related offenses: incest under section 568.020; abandonment of child in the first degree under section 568.030; abandonment of child in the second degree under section 568.032; endangering the welfare of a child in the first degree under section 568.045; abuse of a child under section 568.060; child used in a sexual performance under section 568.080; promoting sexual performance by a child under section 568.090; or trafficking in children under section 568.175; and

            (4)  Any of the following offenses involving child pornography and related offenses: promoting obscenity in the first degree under section 573.020; promoting obscenity in the second degree when the penalty is enhanced to a class D felony under section 573.030; promoting child pornography in the first degree under section 573.025; promoting child pornography in the second degree under section 573.035; possession of child pornography [in the first degree] under section 573.037; [possession of child pornography in the second degree; furnishing child pornography to a minor;] furnishing pornographic materials to minors under section 573.040; or coercing acceptance of obscene material under section 573.065.  

            7.  When a certificate holder pleads guilty or is found guilty of any offense that would authorize the state board of education to seek discipline against that holder's certificate of license to teach, the local board of education or the department of elementary and secondary education shall immediately provide written notice to the state board of education and the attorney general regarding the plea of guilty or finding of guilty.  

            8.  The certificate holder whose certificate was revoked pursuant to subsection 6 of this section may appeal such revocation to the state board of education.  Notice of this appeal must be received by the commissioner of education within ninety days of notice of revocation pursuant to this subsection.  Failure of the certificate holder to notify the commissioner of the intent to appeal waives all rights to appeal the revocation.  Upon notice of the certificate holder's intent to appeal, an appeal hearing shall be held by a hearing officer designated by the commissioner of education, with the final decision made by the state board of education, based upon the record of that hearing.  The certificate holder shall be given not less than thirty days' notice of the hearing, and an opportunity to be heard by the hearing officer, together with witnesses.

            9.  In the case of any certificate holder who has surrendered or failed to renew his or her certificate of license to teach, the state board of education may refuse to issue or renew, or may suspend or revoke, such certificate for any of the reasons contained in this section.  

            10.  In those cases where the charges filed pursuant to this section are based upon an allegation of misconduct involving a minor child, the hearing officer may accept into the record the sworn testimony of the minor child relating to the misconduct received in any court or administrative hearing.  

            11.  Hearings, appeals or other matters involving certificate holders, licensees or applicants pursuant to this section may be informally resolved by consent agreement or agreed settlement or voluntary surrender of the certificate of license pursuant to the rules promulgated by the state board of education.  

            12.  The final decision of the state board of education is subject to judicial review pursuant to sections 536.100 to 536.140, RSMo.  

            13.  A certificate of license to teach to an individual who has been convicted of a felony or crime involving moral turpitude, whether or not sentence is imposed, shall be issued only upon motion of the state board of education adopted by a unanimous affirmative vote of those members present and voting.

            168.104.  The following words and phrases when used in sections 168.102 to 168.130, except in those instances where the context indicates otherwise, mean:

            (1)  "Board of education", the school board or board of directors of a school district, except a metropolitan school district, having general control of the affairs of the district;

            (2)  "Demotion", any reduction in salary or transfer to a position carrying a lower salary, except on request of a teacher, other than any change in salary applicable to all teachers or all teachers in a classification;

            (3)  "Indefinite contract", every contract heretofore or hereafter entered into between a school district and a permanent teacher;

            (4)  "Permanent teacher", any teacher who has been employed or who is hereafter employed as a teacher in the same school district for five successive years and who has continued or who thereafter continues to be employed as a teacher by the school district or any supervisor of teachers who was employed as a teacher in the same school district for at least five successive years prior to becoming a supervisor of teachers and who continues thereafter to be employed as a certificated employee by the school district; except that, when a permanent teacher resigns or is permanently separated from employment by a school district, and is afterwards reemployed by the same school district, reemployment for the first school year does not constitute an indefinite contract but if he is employed for the succeeding year, the employment constitutes an indefinite contract; and except that any teacher employed under a part-time contract by a school district shall accrue credit toward permanent status on a prorated basis.  Any permanent teacher who is promoted with his consent to a supervisory position including principal or assistant principal, or is first employed by a district in a supervisory position including principal or assistant principal, shall not have permanent status in such position but shall retain tenure in the position previously held within the district, or, after serving two years as principal or assistant principal, shall have tenure as a permanent teacher of that system;

            (5)  "Probationary teacher", any teacher as herein defined who has been employed in the same school district for five successive years or less.  In the case of any probationary teacher who has been employed in any other school system as a teacher for two or more years, the board of education shall waive one year of his probationary period;

            (6)  "School district", every school district in this state, except metropolitan school district as defined in section 162.571, RSMo;

            (7)  "Teacher", any employee of a school district, except a metropolitan school district, regularly required to be certified under laws relating to the certification of teachers, except superintendents and assistant superintendents but including certified teachers who teach at the prekindergarten level in a nonmetropolitan public school within a prekindergarten program [in which no fees are charged to parents or guardians] and are paid on a school district salary schedule.

            168.133.  1.  The school district shall ensure that a criminal background check is conducted on any person employed after January 1, 2005, authorized to have contact with pupils and prior to the individual having contact with any pupil.  Such persons include, but are not limited to, administrators, teachers, aides, paraprofessionals, assistants, secretaries, custodians, cooks, and nurses.  The school district shall also ensure that a criminal background check is conducted for school bus drivers.  The district may allow such drivers to operate buses pending the result of the criminal background check.  For bus drivers, the school district shall be responsible for conducting the criminal background check [shall be conducted] on drivers employed by the school district [or].  For drivers employed by a pupil transportation company under contract with the school district, the criminal background check shall be conducted pursuant to section 43.540 and conform to the requirements established in the National Child Protection Act of 1993, as amended by the Volunteers for Children Act.  Personnel who have successfully undergone a criminal background check and a check of the family care safety registry as part of the professional license application process under section 168.021 and who have received clearance on the checks within one prior year of employment shall be considered to have completed the background check requirement.  A criminal background check under this section shall include a search of any information publicly available in an electronic format through a public index or single case display.

            2.  In order to facilitate the criminal history background check [on any person employed after January 1, 2005], the applicant shall submit [two sets] a set of fingerprints collected pursuant to standards determined by the Missouri highway patrol.  [One set of] The fingerprints shall be used by the highway patrol to search the criminal history repository [and the family care safety registry pursuant to sections 210.900 to 210.936, RSMo,] and [the second set] shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files.  In addition to the state and federal criminal background check, any employee employed after July 1, 2011, and required by the provisions of subsection 1 of this section to undergo a criminal background check shall be required to register with the family care safety registry under the provisions of sections 210.900 to 210.936.

            3.  The applicant shall pay the fee for the state criminal history record information pursuant to section 43.530, RSMo, and sections 210.900 to 210.936, RSMo, and pay the appropriate fee determined by the Federal Bureau of Investigation for the federal criminal history record when he or she applies for a position authorized to have contact with pupils pursuant to this section.  The department shall distribute the fees collected for the state and federal criminal histories to the Missouri highway patrol.  

            4.  The department of elementary and secondary education shall facilitate an annual check of employed persons holding current active certificates under section 168.021 against criminal history records in the central repository under section 43.530, the sexual offender registry under sections 589.400 to 589.475, and child abuse central registry under sections 210.109 to 210.183.  The department of elementary and secondary education shall facilitate procedures for school districts to submit personnel information annually for persons employed by the school districts who do not hold a current valid certificate who are required by subsection 1 of this section to undergo a criminal background check, sexual offender registry check, and child abuse central registry check.  The Missouri state highway patrol shall provide ongoing electronic updates to criminal history background checks of those persons previously submitted, both those who have an active certificate and those who do not have an active certificate, by the department of elementary and secondary education.  This shall fulfill the annual check against the criminal history records in the central repository under section 43.530.

            5.  The school district may adopt a policy to provide for reimbursement of expenses incurred by an employee for state and federal criminal history information pursuant to section 43.530, RSMo.  

            [5.]  6.  If, as a result of the criminal history background check mandated by this section, it is determined that the holder of a certificate issued pursuant to section 168.021 has pled guilty or nolo contendere to, or been found guilty of a crime or offense listed in section 168.071, or a similar crime or offense committed in another state, the United States, or any other country, regardless of imposition of sentence, such information shall be reported to the department of elementary and secondary education.  

            [6.]  7.  Any school official making a report to the department of elementary and secondary education in conformity with this section shall not be subject to civil liability for such action.  

            [7.]  8.  For any teacher who is employed by a school district on a substitute or part-time basis within one year of such teacher's retirement from a Missouri school, the state of Missouri shall not require such teacher to be subject to any additional background checks prior to having contact with pupils.  Nothing in this subsection shall be construed as prohibiting or otherwise restricting a school district from requiring additional background checks for such teachers employed by the school district.  

            [8.]  9.  A criminal background check and fingerprint collection conducted under subsections 1 and 2 of this section shall be valid for at least a period of one year and transferrable from one school district to another district.  A school district may, in its discretion, conduct a new criminal background check and fingerprint collection under subsections 1 and 2 for a newly hired employee.  A teacher's change in type of certification shall have no effect on the transferability or validity of such records.  

            [9.]  10.  Nothing in this section shall be construed to alter the standards for suspension, denial, or revocation of a certificate issued pursuant to this chapter.  

            [10.]  11.  The state board of education may promulgate rules for criminal history background checks made pursuant to 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 January 1, 2005, shall be invalid and void.

            168.151.  Except as provided in section 167.151, it is unlawful for any school board or any member or employee of a school board to solicit or to receive any money from any teacher employed by their district for the purpose of paying [tuition or any other] expenses of the operation of schools.  It is unlawful for any teacher to contribute or to agree to contribute any portion of his salary to his school board, or any member, or employee thereof, for the purposes stated above.  Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not to exceed one thousand dollars or by imprisonment for not more than one year or by both fine and imprisonment.  

            168.221.  1.  The first five years of employment of all teachers entering the employment of the metropolitan school district shall be deemed a period of probation during which period all appointments of teachers shall expire at the end of each school year.  During the probationary period any probationary teacher whose work is unsatisfactory shall be furnished by the superintendent of schools with a written statement setting forth the nature of his incompetency.  If improvement satisfactory to the superintendent is not made within one semester after the receipt of the statement, the probationary teacher shall be dismissed.  The semester granted the probationary teacher in which to improve shall not in any case be a means of prolonging the probationary period beyond five years and six months from the date on which the teacher entered the employ of the board of education.  The superintendent of schools on or before the fifteenth day of April in each year shall notify probationary teachers who will not be retained by the school district of the termination of their services.  Any probationary teacher who is not so notified shall be deemed to have been appointed for the next school year.  Any principal who prior to becoming a principal had attained permanent employee status as a teacher shall upon ceasing to be a principal have a right to resume his or her permanent teacher position with the time served as a principal being treated as if such time had been served as a teacher for the purpose of calculating seniority and pay scale.  The rights and duties and remuneration of a teacher who was formerly a principal shall be the same as any other teacher with the same level of qualifications and time of service.  

            2.  After completion of satisfactory probationary services, appointments of teachers shall become permanent, subject to removal for any one or more causes herein described and to the right of the board to terminate the services of all who attain the age of compulsory retirement fixed by the retirement system.  In determining the duration of the probationary period of employment in this section specified, the time of service rendered as a substitute teacher shall not be included.  

            3.  No teacher whose appointment has become permanent may be removed except for one or more of the following causes: immorality, inefficiency in line of duty, violation of the published regulations of the school district, violation of the laws of Missouri governing the public schools of the state, or physical or mental condition which incapacitates him for instructing or associating with children, and then only by a vote of not less than a majority of all the members of the board, upon written charges presented by the superintendent of schools, to be heard by the board after thirty days' notice, with copy of the charges served upon the person against whom they are preferred, who shall have the privilege of being present at the hearing, together with counsel, offering evidence and making defense thereto.  Notifications received by an employee during a vacation period shall be considered as received on the first day of the school term following.  At the request of any person so charged the hearing shall be public.  During any time in which powers granted to the district's board of education are vested in a special administrative board, the special administrative board may appoint a hearing officer to conduct the hearing.  The hearing officer shall conduct the hearing as a contested case under chapter 536 and shall issue a written recommendation to the board rendering the charges against the teacher.  The board shall render a decision on the charges upon the review of the hearing officer's recommendations and the record from the hearing.  The action and decision of the board upon the charges shall be final.  Pending the hearing of the charges, the person charged may be suspended if the rules of the board so prescribe, but in the event the board does not by a majority vote of all the members remove the teacher upon charges presented by the superintendent, the person shall not suffer any loss of salary by reason of the suspension.  Inefficiency in line of duty is cause for dismissal only after the teacher has been notified in writing at least one semester prior to the presentment of charges against him by the superintendent.  The notification shall specify the nature of the inefficiency with such particularity as to enable the teacher to be informed of the nature of his inefficiency.  

            4.  No teacher whose appointment has become permanent shall be demoted nor shall his salary be reduced unless the same procedure is followed as herein stated for the removal of the teacher because of inefficiency in line of duty, and any teacher whose salary is reduced or who is demoted may waive the presentment of charges against him by the superintendent and a hearing thereon by the board.  The foregoing provision shall apply only to permanent teachers prior to the compulsory retirement age under the retirement system.  Nothing herein contained shall in any way restrict or limit the power of the board of education to make reductions in the number of teachers or principals, or both, because of insufficient funds, decrease in pupil enrollment, or abolition of particular subjects or courses of instruction, except that the abolition of particular subjects or courses of instruction shall not cause those teachers who have been teaching the subjects or giving the courses of instruction to be placed on leave of absence as herein provided who are qualified to teach other subjects or courses of instruction, if positions are available for the teachers in the other subjects or courses of instruction.  

            5.  Whenever it is necessary to decrease the number of teachers because of insufficient funds or a substantial decrease of pupil population within the school district, the board of education upon recommendation of the superintendent of schools may cause the necessary number of teachers beginning with those serving probationary periods to be placed on leave of absence without pay, but only in the inverse order of their appointment.  Nothing herein stated shall prevent a readjustment by the board of education of existing salary schedules.  No teacher placed on a leave of absence shall be precluded from securing other employment during the period of the leave of absence.  Each teacher 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 years of service.  No new appointments shall be made while there are available teachers on leave of absence who are seventy years of age or less and who are adequately qualified to fill the vacancy unless the teachers fail to advise the superintendent of schools within thirty days from the date of notification by the superintendent of schools that positions are available to them that they will return to employment and will assume the duties of the position to which appointed not later than the beginning of the school year next following the date of the notice by the superintendent of schools.  

            6.  If any regulation which deals with the promotion of teachers is amended by increasing the qualifications necessary to be met before a teacher is eligible for promotion, the amendment shall fix an effective date which shall allow a reasonable length of time within which teachers may become qualified for promotion under the regulations.  

            7.  A teacher whose appointment has become permanent may give up the right to a permanent appointment to participate in the teacher choice compensation package under sections 168.745 to 168.750.

            168.500.  1.  For the purpose of providing career pay, which shall be a salary supplement, for public school teachers, which for the purpose of sections 168.500 to 168.515 shall include classroom teachers, librarians, guidance counselors and certificated teachers who hold positions as school psychological examiners, parents as teachers educators, school psychologists, special education diagnosticians and speech pathologists, and are on the district salary schedule, there is hereby created and established a career advancement program which shall be known as the "Missouri Career Development and Teacher Excellence Plan", hereinafter known as the "career plan or program".  Participation by local school districts in the career advancement program established under this section shall be voluntary.  The career advancement program is a matching fund program [of variable match rates].  The general assembly [shall] may make an annual appropriation to the excellence in education fund established under section 160.268, RSMo, for the purpose of providing the state's portion for the career advancement program.  The "Career Ladder Forward Funding Fund" is hereby established in the state treasury.  Beginning with fiscal year 1998 and until the career ladder forward funding fund is terminated pursuant to this subsection, the general assembly [shall] may appropriate funds to the career ladder forward funding fund.  Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund shall not be transferred to the credit of the general revenue fund at the end of the biennium.  All interest or other gain received from investment of moneys in the fund shall be credited to the fund.  All funds deposited in the fund shall be maintained in the fund until such time as the balance in the fund at the end of the fiscal year is equal to or greater than the appropriation for the career ladder program for the following year, at which time all such revenues shall be used to fund, in advance, the career ladder program for such following year and the career ladder forwarding funding fund shall thereafter be terminated.  

            2.  The department of elementary and secondary education, at the direction of the commissioner of education, shall study and develop model career plans which shall be made available to the local school districts.  These state model career plans shall:

            (1)  Contain three steps or stages of career advancement;

            (2)  Contain a detailed procedure for the admission of teachers to the career program;

            (3)  Contain specific criteria for career step qualifications and attainment.  These criteria shall clearly describe the minimum number of professional responsibilities required of the teacher at each stage of the plan and shall include reference to classroom performance evaluations performed pursuant to section 168.128;

            (4)  Be consistent with the teacher certification process recommended by the Missouri advisory council of certification for educators and adopted by the department of elementary and secondary education;

            (5)  Provide that public school teachers in Missouri shall become eligible to apply for admission to the career plans adopted under sections 168.500 to 168.515 after five years of public school teaching in Missouri.  All teachers seeking admission to any career plan shall, as a minimum, meet the requirements necessary to obtain the first renewable professional certificate as provided in section 168.021;

            (6)  Provide procedures for appealing decisions made under career plans established under sections 168.500 to 168.515.  

            3.  The commissioner of education shall cause the department of elementary and secondary education to establish guidelines for all career plans established under this section, and criteria that must be met by any school district which seeks funding for its career plan.  

            4.  A participating local school district may have the option of implementing a career plan developed by the department of elementary and secondary education or a local plan which has been developed with advice from teachers employed by the district and which has met with the approval of the department of elementary and secondary education.  In approving local career plans, the department of elementary and secondary education may consider provisions in the plan of the local district for recognition of teacher mobility from one district to another within this state.  

            5.  The career plans of local school districts shall not discriminate on the basis of race, sex, religion, national origin, color, creed, or age.  Participation in the career plan of a local school district is optional, and any teacher who declines to participate shall not be penalized in any way.  

            6.  In order to receive funds under this section, a school district which is not subject to section 162.920, RSMo, must have a total levy for operating purposes which is in excess of the amount allowed in section 11(b) of article X of the Missouri Constitution; and a school district which is subject to section 162.920, RSMo, must have a total levy for operating purposes which is equal to or in excess of twenty-five cents on each hundred dollars of assessed valuation.

            7.  The commissioner of education shall cause the department of elementary and secondary education to regard a speech pathologist who holds both a valid certificate of license to teach and a certificate of clinical competence to have fulfilled the standards required to be placed on stage III of the career program, provided that such speech pathologist has been employed by a public school in Missouri for at least five years and is approved for placement at such stage III by the local school district.

            8.  Beginning in fiscal year 2012, the state portion of career ladder payments shall only be made available to local school districts if the general assembly makes an appropriation for such program.  Payments authorized under sections 168.500 to 168.515 shall only be made available in a year for which a state appropriation is made.  Any state appropriation shall be made prospectively in relation to the year in which work under the program is performed.  

            9.  Nothing in this section shall be construed to prohibit a local school district from funding the program for its teachers, for work performed in years for which no state appropriation is made available.

            168.515.  1.  Each teacher selected to participate in a career plan established under sections 168.500 to 168.515, who meets the requirements of such plan, [shall] may receive a salary supplement, the state's share of which shall be distributed under section 163.031, RSMo, equal to the following amounts applied to the career ladder entitlement of section 163.031, RSMo:

            (1)  Career stage I teachers may receive up to an additional one thousand five hundred dollars per school year;

            (2)  Career stage II teachers may receive up to an additional three thousand dollars per school year;

            (3)  Career stage III teachers may receive up to an additional five thousand dollars per school year.  All teachers within each stage within the same school district shall receive equal salary supplements.  

            2.  The state [shall] may make payments pursuant to section 163.031, RSMo, to the local school district for the purpose of [reimbursing] providing funding to the local school district for the payment of any salary supplements provided for in this section, subject to the availability of funds as appropriated each year and distributed on a [variable match formula which shall] matching basis where the percentage of state funding shall be forty percent and the percentage of local funding shall be sixty percent.   [be based on assessed valuation of the district for the second preceding school year.  

            3.  In distributing these matching funds, school districts shall be ranked by the assessed valuation for the second preceding school year per weighted average daily attendance from the highest to the lowest and divided into three groups.  Group one shall contain the highest twenty-five percent of all public school districts, groups two and three combined shall contain the remaining seventy-five percent of all public school districts.  The districts in groups two and three shall be rank-ordered from largest to smallest based on enrollment as of the last Wednesday in September during the second preceding school year, group two shall contain twenty-five percent of all public school districts that are larger on the enrollment-based rank-ordered list and group three shall contain the remaining fifty percent of all public school districts.  Pursuant to subsection 4 of this section, districts in group one shall receive forty percent state funding and shall contribute sixty percent local funding, group two shall receive fifty percent state funding and shall contribute fifty percent local funding and group three shall receive sixty percent state funding and shall contribute forty percent local funding.  

            4.  The incremental groups are as follows:

            Percentage                     Percentage                                            Percentage

Group  of Districts                    of State Funding                                    of Local Funding

   1         25%                                           40%                                                         60%

   2         25%                                           50%                                                         50%

   3         50%                                           60%                                                         40%

            5.  Beginning in the 1996-97 school year, any school district in any group which participated in the career ladder program in 1995-96 and paid less than the local funding percentage required by subsection 4 of this section shall increase its local share of career ladder costs by five percentage points from the preceding year until the district pays the percentage share of cost required by subsection 4 of this section, and in no case shall the local funding percentage be increased by a greater amount for any year.  For any district, the state payment shall not exceed the local payment times the state percentage share divided by the local percentage share.  Except as provided in subsection 10 of this section, any district not participating in the 1995-96 school year or any district which interrupts its career ladder program for any subsequent year shall enter the program on the cost-sharing basis required by subsection 4 of this section.]

            [6.]  3.  Not less than every fourth year, beginning with calendar year 1988, the general assembly, through the joint committee established under section 160.254, RSMo, shall review the amount of the career pay provided for in this section to determine if any increases are necessary to reflect the increases in the cost of living which have occurred since the salary supplements were last reviewed or set.  

            [7.]  4.  To participate in the salary supplement program established under this section, a school district may submit to the voters of the district a proposition to increase taxes for this purpose.  If a school district's current tax rate ceiling is at or above the rate from which an increase would require a two-thirds majority, the school board may submit to the voters of the district a proposition to reduce or eliminate the amount of the levy reduction resulting from section 164.013, RSMo.  If a majority of the voters voting thereon vote in favor of the proposition, the board may certify that seventy-five percent of the revenue generated from this source shall be used to implement the salary supplement program established under this section.  

            [8.]  5.  In no case shall a school district use state funds received under this section nor local revenue generated from a tax established under subsection 7 of this section to comply with the minimum salary requirements for teachers established pursuant to section 163.172, RSMo.  

            [9.  Beginning in the 1996-97 school year, for any teacher who participated in the career program in the 1995-96 school year, continues to participate in the program thereafter, and remains qualified to receive career pay pursuant to section 168.510, the state's share of the teacher's salary supplement shall continue to be the percentage paid by the state in the 1995-96 school year, notwithstanding any provisions of subsection 4 of this section to the contrary, and the state shall continue to pay such percentage of the teacher's salary supplement until any of the following occurs:

            (1)  The teacher ceases his or her participation in the program; or

            (2)  The teacher suspends his or her participation in the program for any school year after the 1995-96 school year.  If the teacher later resumes participation in the program, the state funding shall be subject to the provisions of subsection 4 of this section.  

            10.  Any school district that participated in the career ladder program prior to the 2001-02 school year but ceased its participation at any time from July 1, 2001, to July 1, 2005, may resume participation in the program no later than July 1, 2006, at the same matching level, pursuant to subsections 4 and 5 of this section, for which the district qualified during its last year of participation.]

            173.231.  1.  There is hereby established the "Early High School Graduation Scholarship Program" to provide assistance for tuition and mandatory fees to an eligible student to attend a public or private institution of higher education in Missouri who graduates from high school in accordance with the provisions of this section.  The department of higher education shall implement and administer the program.

            2.  As used in this section, the following terms shall mean:

            (1)  "Private institution of higher education", a nonprofit institution, dedicated to educational purposes, located in Missouri which:

            (a)  Is operated privately under the control of an independent board and not directly controlled or administered by any public agency or political subdivision;

            (b)  Provides a postsecondary course of instruction at least six months in length leading to or directly creditable toward a certificate or degree;

            (c)  Meets the standards for accreditation as determined by either the Higher Learning Commission or by other accrediting bodies recognized by the United States Department of Education or by utilizing accreditation standards applicable to nondegree-granting institutions as established by the coordinating board for higher education;

            (d)  Does not discriminate in the hiring of administrators, faculty and staff or in the admission of students on the basis of race, color, religion, sex, or national origin and is in compliance with the Federal Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto.  Sex discrimination as used herein shall not apply to admission practices of institutions offering the enrollment limited to one sex;

            (e)  Permits faculty members to select textbooks without influence or pressure by any religious or sectarian source;

            (2)  "Public institution of higher education", an educational institution located in Missouri which:

            (a)  Is directly controlled or administered by a public agency or political subdivision;

            (b)  Receives appropriations directly or indirectly from the general assembly for operating expenses;

            (c)  Provides a postsecondary course of instruction at least six months in length leading to or directly creditable toward a degree or certificate;

            (d)  Meets the standards for accreditation as determined by either the Higher Learning Commission, or if a public community college created under the provisions of sections 178.370 to 178.400 meets the standards established by the coordinating board for higher education for such public community colleges, or by other accrediting bodies recognized by the United States Department of Education or by utilizing accreditation standards applicable to the institution as established by the coordinating board for higher education;

            (e)  Does not discriminate in the hiring of administrators, faculty and staff or in the admission of students on the basis of race, color, religion, sex, or national origin and is otherwise in compliance with the Federal Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto;

            (f)  Permits faculty members to select textbooks without influence or pressure by any religious or sectarian source.

            3.  To be eligible for a scholarship under this section, a student shall meet the following criteria:

            (1)  Have received approval from a parent or legal guardian;

            (2)  Have graduated from a public high school in Missouri in the timeframe specified in subsection 4 of this section;

            (3)  Have attended one or more public high schools in Missouri for more than half of the time the student attended high school; and

            (4)  Be a United States citizen, permanent resident, or otherwise lawfully authorized to be present in the United States.

            4.  If the student completes high school graduation requirements and receives a high school diploma in not more than thirty-six months, the student shall be offered a scholarship in an amount equal to eighty percent of the school district's state aid payments pursuant to the provisions of sections 163.031, 163.043, and 163.044, divided by the district's average daily attendance for the year immediately preceding the student's receipt of the high school diploma.  The school district from which the student graduated shall be offered a grant in an amount equal to twenty percent of the school district's state aid payments pursuant to the provisions of sections 163.031, 163.043, and 163.044, divided by the district's average daily attendance for the year immediately preceding the student's receipt of the high school diploma when the student is offered, and accepts, the scholarship.

            5.  The recipient of a scholarship under this section may use the scholarship money at a public institution of higher education for tuition, mandatory fees, or both.

            6.  The recipient of a scholarship under this section may use the scholarship money at a private institution of higher education for tuition, mandatory fees, or both.

            7.  The recipient of a scholarship under this section shall use the scholarship within one year of graduating from high school except as provided within this subsection.  If an eligible student is unable to enroll during the first academic year following high school graduation for the purpose of providing service to a nonprofit organization, a state or federal government agency, or any branch of the armed forces of the United States, such student shall be offered a scholarship upon enrollment in any public or private institution of higher education after the completion of his or her service, if the student meets all other requirements and if the following criteria are met:

            (1)   For an eligible student who cannot attend a public or private institution of higher education as a result of service to a non-profit organization or the state or federal government, the student returns to full-time status within twenty-seven months and provides verification to the department of higher education that the service to the nonprofit organization was satisfactorily completed and was not compensated other than for expenses, or that the service to the state or federal government was satisfactorily completed; or

            (2)  For an eligible student who cannot attend a public or private institution of higher education as a result of military service in the armed forces of the United States, the student returns to full-time status within six months after the eligible student first ceases service to the armed forces and provides verification to the department of higher education that the military service was satisfactorily completed.

            8.  A student may seek an extension under this subsection if he or she is able to show hardship or other good cause that prevents him or her from enrolling in a public or private institution of higher education within one year of graduating from high school.  Hardship or other good cause shall include a severe illness or other debilitating condition or responsibility for the care of a sick, injured, or needy person.  The department of higher education shall determine whether a student qualifies for an extension under this subsection.

            9.  Upon enrollment of an eligible student in a public or private institution of higher education, the institution shall apply to the person's charges for tuition or mandatory fees, as applicable, for the enrollment period an amount equal to the lesser of the:

            (1)  Amount of the scholarship as calculated under subsection 4 of this section; or

            (2)  Student's actual tuition or mandatory fees.

            10.  The department of elementary and secondary education shall place an amount equal to the cumulative total of the amounts calculated under subsection 4 of this section in the early high school graduation scholarship program fund.  The department of higher education shall use the moneys in the fund to distribute scholarships to students and grants to high schools under this section.

            11.  The department of higher education shall annually prepare a report that includes the following information:

            (1)  The name of each student who qualifies for the scholarship under this section;

            (2)  The length of time taken for each student who qualifies for the scholarship to graduate from high school; and

            (3)  The school district from which each student graduated from high school.

The department of higher education shall submit the report to the commissioner of education.

            12.  The department of elementary and secondary education shall confirm with the high school from which the student graduated that the student has completed all of the eligibility requirements of the program.  The department shall also, with the cooperation of the department of higher education, confirm that the student has enrolled in and is attending a public or private institution of higher education.

            13.  Each public high school in Missouri shall provide information about the early high school graduation scholarship program and its requirements to the following individuals:

            (1)  Each student at the beginning of his or her first year of high school;

            (2)  Each student who enrolls in the school before the student's senior year who did not receive the information under subdivision (1) of this subsection; and

            (3)  A parent, conservator, or legal guardian of the student under subdivisions (1) and (2) of this subsection;

            14.  The information provided under subsection 15 of this section shall include the following:

            (1)  Number and type of high school course credits necessary to satisfy the eligibility requirements for the early high school graduation scholarship program; and

            (2)  Appropriate order in which those high school course credits shall be earned to satisfy eligibility requirements.

            15.  By January 31, 2011, the department of higher education, in cooperation with the department of elementary and secondary education, shall prepare a publication that includes the information required to be provided under this section.  The department of higher education shall post that publication on its website in a form that enables a public high school to reproduce the information for distribution to students, parents, and other persons as required by this section.

            16.  The department of higher education shall promulgate rules and regulations necessary to implement this section.  Any rule or portion of a rule, as that term is defined in section 536.010 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, and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, 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, 2010, shall be invalid and void.

            17.  There is hereby created in the state treasury the "Early High School Graduation Scholarship Program Fund", which shall consist of money collected under this section.  The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180.  Upon appropriation, money in the fund shall be used solely for the administration of this section.  Any moneys remaining in the fund at the end of the biennium shall revert to the credit of the general revenue fund.  The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.  Any interest and moneys earned on such investments shall be credited to the fund.

            177.161.  In metropolitan school districts, all contracts for the erection of school buildings and all contracts for repairs and alterations or additions to school property or materials, equipment or apparatus to be furnished exceeding the sum of [five] fifteen thousand dollars shall be made by the board of education, after public letting, to the lowest responsible bidder complying with the terms of the letting.  The necessary specifications and drawings shall be prepared for all such work, and bids therefor shall be solicited by advertisement as the board of education provides.  No bid shall be entertained by the board of education which is not made in accordance with the specifications and drawings furnished and all contracts shall be let to the lowest responsible bidder complying with the terms of the letting.  The board of education shall have the right to reject any and all bids.  Contracts involving the expenditure of less than [five] fifteen thousand dollars for work to be done and materials or equipment to be furnished may be made directly by the superintendent of schools, or by the other officer or employee of the board of education that he designates with the approval of the board, without public letting and without advertising for or inviting bids.  The board of education may, however, use its own employees to alter, maintain and repair school buildings, to maintain and repair apparatus or equipment, or to make improvements of school grounds without the letting of contracts whenever the total cost of labor on the job does not exceed the amount of [twenty] fifteen thousand dollars.  

            177.171.  The board of education shall cause advertisements to be made under regulations that it provides for proposals for furnishing the supplies required in the schools and by the board.  Every contract shall be awarded to the lowest responsible bidder complying with the terms of the letting; but the board shall have and reserve the right to reject any and all bids.  The board may authorize the purchase of supplies not exceeding [five] fifteen thousand dollars in amount without letting of contract.  The board shall make distribution of supplies through the agencies and in the manner that it deems proper.  The board may contract for textbooks or school apparatus for such term of years as it deems proper.  Upon approval of the board, contracts involving the expenditures of less than fifteen thousand dollars for supplies may be made directly by the superintendent of schools, or by the other officer or employee of the board of education that such superintendent designates, with approval of the board, without public letting and without advertising for or inviting bids.

            178.693.  1.  School districts that offer an approved program of parent education shall be eligible for state reimbursement, pursuant to section 163.031, RSMo, subject to appropriations therefor for each participating family.  If a school district fails or is unable to offer an approved program of parent education, the district shall enter into a contract which meets the requirements under section 178.697, with another district, public agency or state approved not-for-profit agency offering an approved program for such services.  If the district finds that no approved program is available in another district, public agency, or through a state approved not-for-profit agency, it shall request the state department of elementary and secondary education to assist it in obtaining from an approved program, services at the reimbursable rate.  If available appropriations are insufficient to fund services for all individuals who request such services, the department of elementary and secondary education shall direct funds to serve those individuals designated as high need or low income, as defined by the department.  School districts may charge a co-pay or a fee based on adjusted gross income and family size based on a sliding fee scale adopted by the department.  The department shall promulgate rules necessary to implement the provisions of this subsection.

            2.  School districts that offer an approved program of developmental screening for all children under the age of five years shall be eligible for state reimbursement, pursuant to section 163.031, RSMo, subject to appropriations therefor for each participating child.  If a school district fails or is unable to offer an approved program of developmental screening, the district shall enter into a contract which meets the requirements under section 178.697, with another district, public agency or state approved not-for-profit agency offering an approved program for such services.  If the district finds that no approved program is available in another district, public agency or state approved not-for-profit agency, it shall request the state department of elementary and secondary education to assist it in obtaining from an approved program, services at the reimbursable rate.  

            3.  School districts that offer approved programs for developmentally delayed children ages three and four who may also be eligible for programs under the provisions of sections 162.670 to 162.995, RSMo, shall be eligible for state reimbursement, pursuant to section 163.031, RSMo, subject to appropriations, provided the children are not receiving the same or similar services for handicapped or severely handicapped children under another program for which reimbursements from the department of elementary and secondary education are available to the district.  If a school district fails or is unable to offer an approved program for developmentally delayed children ages three and four, the district shall enter into a contract which meets the requirements under section 178.697, with another district, public agency or state approved not-for-profit agency offering an approved program for such services.  If the district finds that no approved program is available in another district, public agency or state approved not-for-profit agency, it shall request the state department of elementary and secondary education to assist it in obtaining from an approved program, services at the reimbursable rate.

            4.  Any rule or portion of a rule, as that term is defined in section 536.010 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, and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, 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, 2010, shall be invalid and void.

            178.695.  1.  Programs shall be subject to review and approval under standards developed by the department of elementary and secondary education consisting of early childhood education and parents as teachers programs and published as an administrative rule under the provisions of chapter 536, RSMo.

            2.  The department of elementary and secondary education shall, by October first of each year, submit to the joint committee on education a report concerning the demographics of the individuals served by any approved program of parent education, including whether such individuals would be considered high need or low income.  No information shall identify any specific individual.

            3.  The lieutenant governor shall act as an advisor to the department for all such programs reviewed by the department.

            210.102.  1.  It shall be the duty of the Missouri children's services commission to:

            (1)  Make recommendations which will encourage greater interagency coordination, cooperation, more effective utilization of existing resources and less duplication of effort in activities of state agencies which affect the legal rights and well-being of children in Missouri;

            (2)  Develop an integrated state plan for the care provided to children in this state through state programs;

            (3)  Develop a plan to improve the quality of children's programs statewide.  Such plan shall include, but not be limited to:

            (a)  Methods for promoting geographic availability and financial accessibility for all children and families in need of such services;

            (b)  Program recommendations for children's services which include child development, education, supervision, health and social services;

            (4)  Design and implement evaluation of the activities of the commission in fulfilling the duties as set out in this section;

            (5)  Report annually to the governor with five copies each to the house of representatives and senate about its activities including, but not limited to the following:

            (a)  A general description of the activities pertaining to children of each state agency having a member on the commission;

            (b)  A general description of the plans and goals, as they affect children, of each state agency having a member on the commission;

            (c)  Recommendations for statutory and appropriation initiatives to implement the integrated state plan;

            (d)  A report from the commission regarding the state of children in Missouri; and

            (6)  On or before July 1, 2011, develop recommendations for best practices in sharing relevant agency information relating to school-aged children receiving state services in order to permit the best degree of coordination in the delivery of such services while protecting the privacy of the involved student and family.  

            2.  There is hereby established within the children's services commission the "Coordinating Board for Early Childhood", which shall constitute a body corporate and politic, and shall include but not be limited to the following members:

            (1)  A representative from the governor's office;

            (2)  A representative from each of the following departments: health and senior services, mental health, social services, and elementary and secondary education;

            (3)  A representative of the judiciary;

            (4)  A representative of the family and community trust board (FACT);

            (5)  A representative from the head start program;

            (6)  Nine members appointed by the governor with the advice and consent of the senate who are representatives of the groups, such as business, philanthropy, civic groups, faith-based organizations, parent groups, advocacy organizations, early childhood service providers, and other stakeholders.  

The coordinating board may make all rules it deems necessary to enable it to conduct its meetings, elect its officers, and set the terms and duties of its officers.  The coordinating board shall elect from amongst its members a chairperson, vice chairperson, a secretary-reporter, and such other officers as it deems necessary.  Members of the board shall serve without compensation but may be reimbursed for actual expenses necessary to the performance of their official duties for the board.  

            3.  The coordinating board for early childhood shall have the power to:

            (1)  Develop a comprehensive statewide long-range strategic plan for a cohesive early childhood system;

            (2)  Confer with public and private entities for the purpose of promoting and improving the development of children from birth through age five of this state;

            (3)  Identify legislative recommendations to improve services for children from birth through age five;

            (4)  Promote coordination of existing services and programs across public and private entities;

            (5)  Promote research-based approaches to services and ongoing program evaluation;

            (6)  Identify service gaps and advise public and private entities on methods to close such gaps;

            (7)  Apply for and accept gifts, grants, appropriations, loans, or contributions to the coordinating board for early childhood fund from any source, public or private, and enter into contracts or other transactions with any federal or state agency, any private organizations, or any other source in furtherance of the purpose of subsections 2 and 3 of this section, and take any and all actions necessary to avail itself of such aid and cooperation;

            (8)  Direct disbursements from the coordinating board for early childhood fund as provided in this section;

            (9)  Administer the coordinating board for early childhood fund and invest any portion of the moneys not required for immediate disbursement in obligations of the United States or any agency or instrumentality of the United States, in obligations of the state of Missouri and its political subdivisions, in certificates of deposit and time deposits, or other obligations of banks and savings and loan associations, or in such other obligations as may be prescribed by the board;

            (10)  Purchase, receive, take by grant, gift, devise, bequest or otherwise, lease, or otherwise acquire, own, hold, improve, employ, use, and otherwise deal with real or personal property or any interests therein, wherever situated;

            (11)  Sell, convey, lease, exchange, transfer or otherwise dispose of all or any of its property or any interest therein, wherever situated;

            (12)  Employ and fix the compensation of an executive director and such other agents or employees as it considers necessary;

            (13)  Adopt, alter, or repeal by its own bylaws, rules, and regulations governing the manner in which its business may be transacted;

            (14)  Adopt and use an official seal;

            (15)  Assess or charge fees as the board determines to be reasonable to carry out its purposes;

            (16)  Make all expenditures which are incident and necessary to carry out its purposes;

            (17)  Sue and be sued in its official name;

            (18)  Take such action, enter into such agreements, and exercise all functions necessary or appropriate to carry out the duties and purposes set forth in this section.  

            4.  There is hereby created the "Coordinating Board for Early Childhood Fund" which shall consist of the following:

            (1)  Any moneys appropriated by the general assembly for use by the board in carrying out the powers set out in subsections 2 and 3 of this section;

            (2)  Any moneys received from grants or which are given, donated, or contributed to the fund from any source;

            (3)  Any moneys received as fees authorized under subsections 2 and 3 of this section;

            (4)  Any moneys received as interest on deposits or as income on approved investments of the fund;

            (5)  Any moneys obtained from any other available source.  

Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the coordinating board for early childhood fund at the end of the biennium shall not revert to the credit of the general revenue fund.

            210.135.  1.  Any person, official, or institution complying with the provisions of sections 210.110 to 210.165 in the making of a report, the taking of color photographs, or the making of radiologic examinations pursuant to sections 210.110 to 210.165, or both such taking of color photographs and making of radiologic examinations, or the removal or retaining a child pursuant to sections 210.110 to 210.165, or in cooperating with the division, or any other law enforcement agency, juvenile office, court, or child-protective service agency of this or any other state, in any of the activities pursuant to sections 210.110 to 210.165, or any other allegation of child abuse, neglect or assault, pursuant to sections 568.045 to 568.060, RSMo, shall have immunity from any liability, civil or criminal, that otherwise might result by reason of such actions.  Provided, however, any person, official or institution intentionally filing a false report, acting in bad faith, or with ill intent, shall not have immunity from any liability, civil or criminal.  Any such person, official, or institution shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.

            2.  Any person, who is not a school district employee, who makes a report to any employee of the school district of child abuse by a school employee shall have immunity from any liability, civil or criminal, that otherwise might result because of such report.  Provided, however, that any such person who makes a false report, knowing that the report is false, or who acts in bad faith or with ill intent in making such report shall not have immunity from any liability, civil or criminal.  Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.

            210.145.  1.  The division shall develop protocols which give priority to:

            (1)  Ensuring the well-being and safety of the child in instances where child abuse or neglect has been alleged;

            (2)  Promoting the preservation and reunification of children and families consistent with state and federal law;

            (3)  Providing due process for those accused of child abuse or neglect; and

            (4)  Maintaining an information system operating at all times, capable of receiving and maintaining reports.  This information system shall have the ability to receive reports over a single, statewide toll-free number.  Such information system shall maintain the results of all investigations, family assessments and services, and other relevant information.  

            2.  The division shall utilize structured decision-making protocols for classification purposes of all child abuse and neglect reports.  The protocols developed by the division shall give priority to ensuring the well-being and safety of the child.  All child abuse and neglect reports shall be initiated within twenty-four hours and shall be classified based upon the reported risk and injury to the child.  The division shall promulgate rules regarding the structured decision-making protocols to be utilized for all child abuse and neglect reports.

            3.  Upon receipt of a report, the division shall determine if the report merits investigation, including reports which if true would constitute a suspected violation of any of the following: section 565.020, 565.021, 565.023, 565.024, or 565.050, RSMo, if the victim is a child less than eighteen years of age, section 566.030 or 566.060, RSMo, if the victim is a child less than eighteen years of age, or other crimes under chapter 566, RSMo, if the victim is a child less than eighteen years of age and the perpetrator is twenty-one years of age or older, section 567.050, RSMo, if the victim is a child less than eighteen years of age, section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090, RSMo, section 573.025, 573.035, 573.037, or 573.040, RSMo, or an attempt to commit any such crimes.  The division shall immediately communicate all reports that merit investigation to its appropriate local office and any relevant information as may be contained in the information system.  The local division staff shall determine, through the use of protocols developed by the division, whether an investigation or the family assessment and services approach should be used to respond to the allegation.  The protocols developed by the division shall give priority to ensuring the well-being and safety of the child.  

            4.  The local office shall contact the appropriate law enforcement agency immediately upon receipt of a report which division personnel determine merits an investigation and provide such agency with a detailed description of the report received.  In such cases the local division office shall request the assistance of the local law enforcement agency in all aspects of the investigation of the complaint.  The appropriate law enforcement agency shall either assist the division in the investigation or provide the division, within twenty-four hours, an explanation in writing detailing the reasons why it is unable to assist.  

            5.  The local office of the division shall cause an investigation or family assessment and services approach to be initiated in accordance with the protocols established in subsection 2 of this section, except in cases where the sole basis for the report is educational neglect.  If the report indicates that educational neglect is the only complaint and there is no suspicion of other neglect or abuse, the investigation shall be initiated within seventy-two hours of receipt of the report. If the report indicates the child is in danger of serious physical harm or threat to life, an investigation shall include direct observation of the subject child within twenty-four hours of the receipt of the report.  Local law enforcement shall take all necessary steps to facilitate such direct observation.  If the parents of the child are not the alleged abusers, a parent of the child must be notified prior to the child being interviewed by the division.  If the abuse is alleged to have occurred in a school or child-care facility the division shall not meet with the child in any school building or child-care facility building where abuse of such child is alleged to have occurred.  When the child is reported absent from the residence, the location and the well-being of the child shall be verified.  For purposes of this subsection, child-care facility shall have the same meaning as such term is defined in section 210.201.  

            6.  The director of the division shall name at least one chief investigator for each local division office, who shall direct the division response on any case involving a second or subsequent incident regarding the same subject child or perpetrator.  The duties of a chief investigator shall include verification of direct observation of the subject child by the division and shall ensure information regarding the status of an investigation is provided to the public school district liaison.  The public school district liaison shall develop protocol in conjunction with the chief investigator to ensure information regarding an investigation is shared with appropriate school personnel.  The superintendent of each school district shall designate a specific person or persons to act as the public school district liaison.  Should the subject child attend a nonpublic school the chief investigator shall notify the school principal of the investigation.  Upon notification of an investigation, all information received by the public school district liaison or the school shall be subject to the provisions of the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C., Section 1232g, and federal rule 34 C.F.R., Part 99.  

            7.  The investigation shall include but not be limited to the nature, extent, and cause of the abuse or neglect; the identity and age of the person responsible for the abuse or neglect; the names and conditions of other children in the home, if any; the home environment and the relationship of the subject child to the parents or other persons responsible for the child's care; any indication of incidents of physical violence against any other household or family member; and other pertinent data.  

            8.  When a report has been made by a person required to report under section 210.115, the division shall contact the person who made such report within forty-eight hours of the receipt of the report in order to ensure that full information has been received and to obtain any additional information or medical records, or both, that may be pertinent.  

            9.  Upon completion of the investigation, if the division suspects that the report was made maliciously or for the purpose of harassment, the division shall refer the report and any evidence of malice or harassment to the local prosecuting or circuit attorney.  

            10.  Multidisciplinary teams shall be used whenever conducting the investigation as determined by the division in conjunction with local law enforcement.  Multidisciplinary teams shall be used in providing protective or preventive social services, including the services of law enforcement, a liaison of the local public school, the juvenile officer, the juvenile court, and other agencies, both public and private.  

            11.  For all family support team meetings involving an alleged victim of child abuse or neglect, the parents, legal counsel for the parents, foster parents, the legal guardian or custodian of the child, the guardian ad litem for the child, and the volunteer advocate for the child shall be provided notice and be permitted to attend all such meetings.  Family members, other than alleged perpetrators, or other community informal or formal service providers that provide significant support to the child and other individuals may also be invited at the discretion of the parents of the child.  In addition, the parents, the legal counsel for the parents, the legal guardian or custodian and the foster parents may request that other individuals, other than alleged perpetrators, be permitted to attend such team meetings.  Once a person is provided notice of or attends such team meetings, the division or the convenor of the meeting shall provide such persons with notice of all such subsequent meetings involving the child.  Families may determine whether individuals invited at their discretion shall continue to be invited.  

            12.  If the appropriate local division personnel determine after an investigation has begun that completing an investigation is not appropriate, the division shall conduct a family assessment and services approach.  The division shall provide written notification to local law enforcement prior to terminating any investigative process.  The reason for the termination of the investigative process shall be documented in the record of the division and the written notification submitted to local law enforcement.  Such notification shall not preclude nor prevent any investigation by law enforcement.  

            13.  If the appropriate local division personnel determines to use a family assessment and services approach, the division shall:

            (1)  Assess any service needs of the family.  The assessment of risk and service needs shall be based on information gathered from the family and other sources;

            (2)  Provide services which are voluntary and time-limited unless it is determined by the division based on the assessment of risk that there will be a high risk of abuse or neglect if the family refuses to accept the services.  The division shall identify services for families where it is determined that the child is at high risk of future abuse or neglect.  The division shall thoroughly document in the record its attempt to provide voluntary services and the reasons these services are important to reduce the risk of future abuse or neglect to the child. If the family continues to refuse voluntary services or the child needs to be protected, the division may commence an investigation;

            (3)  Commence an immediate investigation if at any time during the family assessment and services approach the division determines that an investigation, as delineated in sections 210.109 to 210.183, is required.  The division staff who have conducted the assessment may remain involved in the provision of services to the child and family;

            (4)  Document at the time the case is closed, the outcome of the family assessment and services approach, any service provided and the removal of risk to the child, if it existed.  

            14.  Within thirty days of an oral report of abuse or neglect, the local office shall update the information in the information system.  The information system shall contain, at a minimum, the determination made by the division as a result of the investigation, identifying information on the subjects of the report, those responsible for the care of the subject child and other relevant dispositional information.  The division shall complete all investigations within thirty days, unless good cause for the failure to complete the investigation is documented in the information system.  If a child involved in a pending investigation dies, the investigation shall remain open until the division's investigation surrounding the death is completed.  If the investigation is not completed within thirty days, the information system shall be updated at regular intervals and upon the completion of the investigation.  The information in the information system shall be updated to reflect any subsequent findings, including any changes to the findings based on an administrative or judicial hearing on the matter.  

            15.  A person required to report under section 210.115 to the division and any person making a report of child abuse or neglect made to the division which is not made anonymously shall be informed by the division of his or her right to obtain information concerning the disposition of his or her report.  Such person shall receive, from the local office, if requested, information on the general disposition of his or her report.  Such person may receive, if requested, findings and information concerning the case.  Such release of information shall be at the discretion of the director based upon a review of the reporter's ability to assist in protecting the child or the potential harm to the child or other children within the family.  The local office shall respond to the request within forty-five days.  The findings shall be made available to the reporter within five days of the outcome of the investigation.  If the report is determined to be unsubstantiated, the reporter may request that the report be referred by the division to the office of child advocate for children's protection and services established in sections 37.700 to 37.730, RSMo.  Upon request by a reporter under this subsection, the division shall refer an unsubstantiated report of child abuse or neglect to the office of child advocate for children's protection and services.  

            16.  The division shall provide to any individual, who is not satisfied with the results of an investigation, information about the office of the child advocate and services it may provide under sections 37.700 to 37.730.

            17.  In any judicial proceeding involving the custody of a child the fact that a report may have been made pursuant to sections 210.109 to 210.183 shall not be admissible.  However:

            (1)  Nothing in this subsection shall prohibit the introduction of evidence from independent sources to support the allegations that may have caused a report to have been made; and

            (2)  The court may on its own motion, or shall if requested by a party to the proceeding, make an inquiry not on the record with the children's division to determine if such a report has been made.  If a report has been made, the court may stay the custody proceeding until the children's division completes its investigation.  

            [17.]  18.  In any judicial proceeding involving the custody of a child where the court determines that the child is in need of services pursuant to subdivision (d) of subsection 1 of section 211.031, RSMo, and has taken jurisdiction, the child's parent, guardian or custodian shall not be entered into the registry.  

            [18.]  19.  The children's division is hereby granted the authority to promulgate rules and regulations pursuant to the provisions of section 207.021, RSMo, and chapter 536, RSMo, to carry out the provisions of sections 210.109 to 210.183.  

            [19.]  20.  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, 2000, shall be invalid and void.  

            210.152.  1.  All identifying information, including telephone reports reported pursuant to section 210.145, relating to reports of abuse or neglect received by the division shall be retained by the division and removed from the records of the division as follows:

            (1)  For investigation reports contained in the central registry, identifying information shall be retained by the division;

            (2)  (a)  For investigation reports initiated against a person required to report pursuant to section 210.115, where insufficient evidence of abuse or neglect is found by the division and where the division determines the allegation of abuse or neglect was made maliciously, for purposes of harassment or in retaliation for the filing of a report by a person required to report, identifying information shall be expunged by the division within forty-five days from the conclusion of the investigation;

            (b)  For investigation reports, where insufficient evidence of abuse or neglect is found by the division and where the division determines the allegation of abuse or neglect was made maliciously, for purposes of harassment or in retaliation for the filing of a report, identifying information shall be expunged by the division within forty-five days from the conclusion of the investigation;

            (c)  For investigation reports initiated by a person required to report under section 210.115, where insufficient evidence of abuse or neglect is found by the division, identifying information shall be retained for five years from the conclusion of the investigation.  For all other investigation reports where insufficient evidence of abuse or neglect is found by the division, identifying information shall be retained for two years from the conclusion of the investigation.  Such reports shall include any exculpatory evidence known by the division, including exculpatory evidence obtained after the closing of the case.  At the end of such time period, the identifying information shall be removed from the records of the division and destroyed;

            (3)  For reports where the division uses the family assessment and services approach, identifying information shall be retained by the division;

            (4)  For reports in which the division is unable to locate the child alleged to have been abused or neglected, identifying information shall be retained for ten years from the date of the report and then shall be removed from the records of the division.  

            2.  Within ninety days after receipt of a report of abuse or neglect that is investigated, the alleged perpetrator named in the report and the parents of the child named in the report, if the alleged perpetrator is not a parent, shall be notified in writing of any determination made by the division based on the investigation.  The notice shall advise either:

            (1)  That the division has determined by a probable cause finding prior to August 28, 2004, or by a preponderance of the evidence after August 28, 2004, that abuse or neglect exists and that the division shall retain all identifying information regarding the abuse or neglect; that such information shall remain confidential and will not be released except to law enforcement agencies, prosecuting or circuit attorneys, or as provided in section 210.150; that the alleged perpetrator has sixty days from the date of receipt of the notice to seek reversal of the division's determination through a review by the child abuse and neglect review board as provided in subsection 3 of this section; or

            (2)  That the division has not made a probable cause finding or determined by a preponderance of the evidence that abuse or neglect exists.  

            3.  The children's division may reopen a case for review at the request of any party to an investigation in which the alleged perpetrator is a school employee if information is obtained that the investigation was not properly conducted under this chapter or if new information becomes available.  For any case previously investigated by the children's division for which there was a finding of unsubstantiated in which the alleged perpetrator was a school employee, the children's division shall reconduct its investigation one time at the request of the office of the child advocate if the office of the child advocate has reasonable suspicion of wrongdoing.  The children's division shall not reopen an investigation if a court of law has entered a final judgment on the matter.

            4.  Any person named in an investigation as a perpetrator who is aggrieved by a determination of abuse or neglect by the division as provided in this section may seek an administrative review by the child abuse and neglect review board pursuant to the provisions of section 210.153.  Such request for review shall be made within sixty days of notification of the division's decision under this section.  In those cases where criminal charges arising out of facts of the investigation are pending, the request for review shall be made within sixty days from the court's final disposition or dismissal of the charges.  

            [4.]  5.  In any such action for administrative review, the child abuse and neglect review board shall sustain the division's determination if such determination was supported by evidence of probable cause prior to August 28, 2004, or is supported by a preponderance of the evidence after August 28, 2004, and is not against the weight of such evidence.  The child abuse and neglect review board hearing shall be closed to all persons except the parties, their attorneys and those persons providing testimony on behalf of the parties.  

            [5.]  6.  If the alleged perpetrator is aggrieved by the decision of the child abuse and neglect review board, the alleged perpetrator may seek de novo judicial review in the circuit court in the county in which the alleged perpetrator resides and in circuits with split venue, in the venue in which the alleged perpetrator resides, or in Cole County.  If the alleged perpetrator is not a resident of the state, proper venue shall be in Cole County.  The case may be assigned to the family court division where such a division has been established.  The request for a judicial review shall be made within sixty days of notification of the decision of the child abuse and neglect review board decision.  In reviewing such decisions, the circuit court shall provide the alleged perpetrator the opportunity to appear and present testimony.  The alleged perpetrator may subpoena any witnesses except the alleged victim or the reporter.  However, the circuit court shall have the discretion to allow the parties to submit the case upon a stipulated record.

            [6.]  7.  In any such action for administrative review, the child abuse and neglect review board shall notify the child or the parent, guardian or legal representative of the child that a review has been requested.  

            210.915.  The department of corrections, the department of public safety, the department of social services, the department of elementary and secondary education, and the department of mental health shall collaborate with the department to compare records on child-care, elder-care, mental health, and personal-care workers, including those individuals required to undergo a background check under the provisions of section 168.133, and the records of persons with criminal convictions and the background checks pursuant to subdivisions (1) to (8) of subsection 2 of section 210.903, and to enter into any interagency agreements necessary to facilitate the receipt of such information and the ongoing updating of such information.  The department shall promulgate rules and regulations concerning such updating, including subsequent background reviews as listed in subsection 1 of section 210.909.  

            210.922.  The department of health and senior services, department of mental health, department of elementary and secondary education, and department of social services may use the registry information to carry out the duties assigned to the department pursuant to this chapter and chapters 168, 190, 195, 197, 198, 630, and 660, RSMo.  

            556.037.  Notwithstanding the provisions of section 556.036, prosecutions for unlawful sexual offenses involving a person eighteen years of age or under must be commenced within [twenty] thirty years after the victim reaches the age of eighteen unless the prosecutions are for forcible rape, attempted forcible rape, forcible sodomy, kidnapping, or attempted forcible sodomy in which case such prosecutions may be commenced at any time.

            Section B.  The repeal and reenactment of section 168.221 of section A of this act shall be effective July 1, 2011.

            Section C.  Because of the need to provide adequate funding to public schools, the enactment of section 163.410 of this act and the repeal and reenactment of sections 163.031, 163.036, 168.500, and 168.515 of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 163.410 of this act and the repeal and reenactment of sections 163.031, 163.036, 168.500, and 168.515 of this act shall be in full force and effect upon its passage and approval or July 1, 2010, whichever occurs later.

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