SB161 - Modifies provisions relating to education
SB 161 Modifies provisions relating to education
Sponsor: Shields
LR Number: 0508L.06C Fiscal Note: 0508-06
Committee: Seniors, Families and Public Health
Last Action: 5/18/2007 - S Calendar S Bills with H Amendments (HCS, as amended) Journal Page:
Title: HCS SS#2 SCS SB 161 Calendar Position:
Effective Date: August 28, 2007
House Handler: Muschany

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Current Bill Summary

HCS/SS#2/SCS/SB 161 - This act modifies various provisions relating to education.

SCHOOL EMERGENCY PROCEDURES

This act changes the laws regarding school emergency procedures to specify that references to disaster or emergency may include pandemic disease. Under current law, school districts are allowed to adopt emergency plans, but this act requires emergency planning and requires the plan to address the continuation of school services when person-to-person contact must be curtailed or a school is temporarily converted to an access point for public services or information. (Sections 160.041, 160.480, 163.051, and 167.031)

These provisions are identical to HB 824 (2007).

CHARTER SCHOOL

This act modifies the provision specifying which entities may sponsor a charter school to include the mayor of St. Louis. (Section 160.400).

MENTORS FOR TEACHERS

This act requires the Department of Elementary and Secondary Education to develop standards for high-quality mentoring for beginning teachers and principals no later than June 30, 2008. Such standards shall apply to all public schools and shall be developed to ensure compliance with the required district mentoring programs under subsection 3 of section 168.021, RSMo. Such standards shall be based upon the principles enumerated therein. Quality mentoring programs may include those examples described therein. The department shall involve representatives from state teacher organizations, administration and principal organization and from the Missouri advisory council as created by Section 168.015, RSMo, and other educational institutions and organizations in developing such standards. (Section 161.375)

These provisions are identical to HCS/SCS/SB 64 (2007).

REIMBURSEMENT FOR COLLEGE REMEDIAL COURSE COSTS

This act allows, beginning with the 2008-2009 school year, Missouri high school graduates who are assigned to remedial courses in college to seek tuition reimbursement. The conditions for obtaining the reimbursement are specified in the act. To be eligible, the student must have enrolled in the course within three years after high school graduation and the course must be in an academic subject required for high school graduation. The Department of Elementary and Secondary Education shall establish rules for students to apply for reimbursement. (Section 161.720)

These provisions are substantially similar to HB 861 (2007).

SCHOOL-SPONSORED CLUBS AND EXTRACURRICULAR ACTIVITIES

This act requires school districts to develop policies and procedures that offer parents the opportunity to withhold permission for a child to join clubs or participate in extracurricular activities. Allowances are made for the student to join the club or participate in the activity if the school has documented three good-faith efforts to contact the parent or guardian, in which case the teacher, advisor, or counselor who has responsibility for the student's schedule may sign on behalf of the parent or guardian and provide written notice thereof to the parent or guardian. A description of the club's purpose and activities and the planned program for any extracurricular activity will be part of an annual notification, using the student handbook or other appropriate method. Beginning with the 2007-2008 school year, districts shall obtain written permission from a parent or guardian for a student to be a member of a club or participate in an extracurricular activity. (Section 162.1110)

These provisions are similar to HCS/HB 35 (2007).

OPEN ENROLLMENT

This act allows students in provisionally accredited or unaccredited districts to enroll in neighboring districts under certain circumstances and establishes procedures for handling issues such as state aid, assessment, and athletics.

(Section 162.1031)

These provisions are substantially similar to HCS/HB 807 & 690 (2007).

EDUCATIONAL NEEDS FOR CHILDREN IN JUVENILE COURT

This act establishes that the educational needs of each child under the jurisdiction of the juvenile court or family court under section 211.031, RSMo, shall be considered as part of the function of the child's family support team pursuant to the policy of the department of social services. Nothing in this act shall infringe upon the rights or due process provisions of the federal Individuals with Disabilities Education Act. This act describes the educational procedures that may occur when the department of social services places a child for treatment in a licensed residential care facility. Children in such facilities should receive educational services as described therein. If a child may not be educated in a regular education class, education services shall be provided in an alternative setting approved by the family support team.(Section 167.128)

These provisions are identical to HCS/SCS/SB 64 (2007).

STUDENT TRANSPORTATION

This act prescribes the conditions under which it is permissible for a public school district to provide transportation to resident students who do not attend the district's public schools. It shall be allowed:

-If transportation to and from school is offered to all residents who attend public school. Public school students who do not qualify for free transportation according to state law may be required to pay for transportation services.

-If transportation can be accomplished without the use of state or additional local funds or capital expense and the parent agrees to pay the actual cost of transporting the student, the local school board may provide the transportation.

The act also specifies how to determine the cost and the payment requirements. Any district providing transportation must develop rules to address the seating of non-public school students and the development of bus routes. Local school boards may establish additional rules for eligibility. (Section 167.231)

These provisions are identical to HCS/HB 425 (2007).

TEACHER CERTIFICATION AND LICENSURE SECTION

This act establishes the requirements to obtain teacher certification and licensure in the Missouri public schools. Currently this act provides for certificates of license to be granted by the state board under rules and regulations prescribed by it as enumerated therein. This act establishes a new process through which to obtain a certificate of license. An individual who satisfies the requirements for certification by the American Board for Certification of Teacher Excellence (ABCTE) shall be eligible to apply for a career continuous professional certificate as enumerated therein.

Currently this act provides for renewal procedures for certificates that have been issued in the past.

The state board shall provide two levels of professional certification, an initial professional certificate and a career continuous professional certificate, both of which shall be based upon minimum requirements prescribed by the State Board of Education. An initial professional certificate shall be valid for a period of four years and shall be subject to the requirements enumerated therein. The career continuous professional certificate shall be issued upon verification of completion of four years of teaching under the initial professional certificate and the additional requirements enumerated therein. This act also provides requirements for professional development, procedures for reactivation of an inactive certificate, and identifies which holders of a career continuous professional certificate are exempt from certain professional development requirements.

This act currently establishes procedures by which a teacher not retained due to a reduction in force may retain the current level of certification. A teacher who has not been employed in an educational position for three years or more may activate his or her last level of certification by completing twenty-four contact hours of professional development.

The state board may assess a fee to holders of an initial professional certificate for the issuance of the career continuous professional certificate. Such fee may be deposited into the excellence in education revolving fund established under Section 160.268, RSMo. Applicants for the initial ABCTE certificate shall be responsible for any fees associated with the program leading to the issuance of the certificate. A district may develop a fee reimbursement policy if it so chooses.

The act currently provides that a member of a public retirement system who entered covered employment with at least ten years of educational experience in another state and held a certificate issued by another state to have that certificate dated back to his or her original date of employment in a Missouri public school. (Section 168.021)

These provisions are identical to HCS/SCS/SB 64 (2007).

TEACHER STRIKES

This act adds participation in a strike to the list of reasons for which a tenured teacher may be dismissed. If a teacher participates in a strike and the school district remains in operation, the teacher is prohibited from using leave to cover any missed days. If the district does not remain in operation, the teacher must make up the missed days. The act also contains notice procedures that a labor organization must follow when it is preparing to vote on a strike. (Sections 168.104, 168.114, 168.135, 168.138, 168.221)

These provisions are substantially similar to HB 1161 (2007).

COMPENSATION OF SCHOOL ADMINISTRATORS

This act establishes the Superintendent Targeted Achievement Record (STAR) Program. The total compensation package, as defined in the act, of each school administrator shall be reported to the Department of Elementary and Secondary Education by September 1, of each year. Each district shall also annually furnish the total compensation package of the highest paid teacher, the superintendent, and the average for all classroom teachers to the department. Performance measures regarding the No Child Left Behind Act, the district accreditation program, and the teacher turnover are also required to be published. The act also contains provisions concerning the posting of the information on the department's and school district's websites. The information must be provided to parents, community members, media and legislators by the deadline or as soon as it becomes available. An initial failure to file the information requires by the act shall be subject to the penalties imposes concerning neglect or refusal to comply with school laws. A subsequent offense shall be subject to an additional penalty and to a fine of five hundred thousand dollars. (Section 168.215)

These provisions are substantially similar to HCS/HB 771 (2007).

QUALITY RATING SYSTEM FOR CERTAIN CHILD CARE FACILITIES

This act requires the Department of Social Services in collaboration with the Departments of Health and Senior Services, Elementary and Secondary Education, and Mental Health to develop by September 1, 2007, a quality rating system for early childhood and before-and after-school programs licensed by the department of health and senior services that operate in this state. For purposes of this act, such programs and facilities are programs that are sponsored by public school districts. The licensing of such facilities shall be the baseline, while the highest rating includes accreditation. The departments shall utilize the model from the existing Missouri quality rating system pilots developed by the University of Missouri Center for Family Policy and Research to establish the system. The system will allow consumers and parents to evaluate and select high quality programs and creates a system of accountability for policymakers and those who fund such programs.

The Quality Rating System Program Improvement Grant Fund is established and shall consist of all gifts, donations, transfers, moneys appropriated by the general assembly, and bequests to the fund. Money in the fund shall be used to provide grants directly to licensed providers seeking assistance for quality improvements to undergo evaluation under the quality rating system established under this act or to community-based organizations assisting providers with such improvements.

The Department of Social Services in collaboration with the Departments of Health and Senior Services, and Elementary and Secondary Education shall be responsible for promoting and distributing materials to educate the public and providers about the quality rating system established under this act. By January 1, 2009, the ratings of the quality rating system shall be posted on the Internet in a format easily understood and accessible by the public.

This provisions relating to the quality rating system shall sunset in six years. (Section 210.205)

These provisions are similar to SB 161 (2007).

ADRIANE CROUSE