SCHOOL DISCIPLINE POLICIES AND STUDENT EXPULSION – SECTION 160.261, 167.023, 167.115, 167.161, 167.164: Currently, school discipline policies require school administrators to report acts of school violence to teachers with a need to know. This act provides that such acts of school violence must be provided to all teachers at the attendance center and to all other school district employees with a need to know. Students on suspension for acts of violence or drug-related offenses cannot be within 1,000 feet of school property or any activity of the district without the consent of the superintendent. The act expands employee immunity from correctly following discipline policies to all policies. The act adds the use of force to protect persons or property to the provisions regarding spanking.

A superintendent or his or her designee shall report conduct of students described in this section to all teachers at the student's attendance center and to any other school district employees with a need to know.

When a student is found to have committed a reportable offense, the school district shall attach notice of the commission of the reportable offense to the student's permanent records and to the student's academic transcript.

The school board of a district, after providing proper notice, may 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.

A suspension or expulsion issued by a public school district shall not relieve the state or the suspended student's parents or guardians of their responsibilities to educate the student.

SCHOOL SAFETY PROVISIONS – SECTION 160.660: This act requires that the state board of education add to any school facilities and safety criteria developed for the Missouri school improvement program provisions that suggest drills required pursuant to the standard for safe facilities occur at least annually. All staff must receive sufficient training on the security and crisis management plan.

SCHOOL ANTI-BULLYING POLICIES – SECTION 160.775: This act modifies the definition of bullying as used in anti-bullying policies that must be enacted by school districts. The definition of bullying shall include cyberbullying and electronic communication.

DRUG AND ALCOHOL TESTING PROGRAM FOR CONTRACTORS WORKING ON SCHOOL PROPERTY – SECTIONS 160.782, 160.785, 160.788, 160.791, 160.794, 160.797, 160.798: This act requires contractors to have a drug and alcohol testing program in place in order to perform work on school property. An employer may contract with a third party to administer the program. A contractor must provide a statement stipulating that the contractor and all subcontractors slated to work on the project have a testing policy in place.

Before an employee is tested for the presence of drugs or alcohol, the employer or third-party administrator must provide the employee with a written statement explaining the employee's rights to challenge any positive result.

An employee shall not work on a project unless he or she tests negative for the presence of drugs or alcohol within twelve months preceding the start date of the project. After an employee begins work on a project, the employer may require the employee to submit to testing if the employer has a reasonable belief that the employee is using or has used drugs or alcohol in violation of the employer's policy. Specific circumstances upon which an employer may infer drug use are provided. Employers are required to implement random drug testing in an objective, neutral, and nondiscriminatory manner. Particular types and levels of drugs for which the employee shall be tested are provided.

An employee shall be given the opportunity to provide to the medical review officer any information that he or she considers relevant to the test. Employers must inform the employee of the nature and consequences of the test result and the employee may request a retest at a site amenable to the employee. The employee shall pay the cost of a retest but shall be reimbursed if the retest yields a negative result. Employers must compensate the employee for his or her time in taking the test.

Employees who refuse to be tested or who test positive shall not work on the project until the employee yields a negative result. Employees who test positive more than once shall be completely barred from working on the project. Employers who knowingly permit employees to work in violation of the testing policy shall be fined up to $200, imprisoned up to six months, or both. Each day a violation persists constitutes a separate offense.

The requirements of Sections 160.782 to 160.797 shall not apply to employers who are party to a program for drug and alcohol testing that has been in existence since at least January 1, 2005, provided that such program meets the conditions described therein.

FIRST STEPS PROGRAM – SECTIONS 160.900, 160.905, 160.910, 160.915, 160.920, 376.1218: Under the provisions of this act, the Missouri Sunset Act shall not apply to the early intervention program for infants and toddlers with disabilities (First Steps program).

PART C EARLY INTERVENTION PROGRAM – SECTION 160.925, 160.932, 160.933: This act requires the state treasurer to transfer the balance in Part C Early Intervention System Fund in excess of two hundred percent of the previous fiscal year's expenditures into the state general revenue fund.

Subject to appropriations, the department of elementary and secondary education shall implement a pilot program allowing the regional interagency coordinating council of the greater St. Louis system point of entry to hire a part-time child-find coordinator. This person shall be hired, selected, and employed by July 1, 2008. By September 1, 2010, the greater St. Louis system point of entry shall conduct a study on the effect of hiring the child-find coordinator.

This act creates in the state treasury the "Part C Early Intervention Pilot Program Fund" for implementing the provisions of section 160.932. This act grants rule-making authority to the department of elementary and secondary education.

TEACHER ASSESSMENTS – SECTION 161.660, 162.1162: This act requires the department of elementary and secondary education to designate a teacher assessment program for use by all school districts within the state by July 1, 2008. The department may designate a test such as the Praxis, the National Teacher Examination, or another existing assessment tool. The department may promulgate rules to effectuate the provisions of this section.

The state board of education shall require each teacher in a school district classified as "unaccredited" or "provisionally accredited" to be assessed every five years to determine competency in the teacher's subject area or areas. A teacher who fails to demonstrate a minimum level of competency shall be allowed to retake the assessment no more than one time within three months. A teacher who fails a second time, or who wishes to appeal after the initial failure, shall present documentation of effectiveness. A teacher who fails to demonstrate a minimum level of competency shall not be considered a permanent employee of the school district. A teacher who demonstrates a high level of competency shall be exempt from the assessment for the next five-year period.

TUITION REIMBURSEMENT FOR REMEDIAL COURSES – SECTION 161.720: This act allows any student who graduates from a Missouri public high school and enrolls in a two or four year degree program in Missouri within three years after high school graduation to apply for reimbursement for tuition for remedial courses to which the student is assigned by the college or university. This program begins with the 2008-2009 academic year.

CHANGES IN SCHOOL DISTRICT BOUNDARY LINES – SECTION 162.431: This act requires the question of changing school district boundary lines to be submitted at the next election. This act requires the board to approve a proposed boundary change based on the districts' scores on their most recent annual performance reports.

MEGALOOPING – SECTION 162.626: This act requires the board to develop a plan for five of the schools in the metropolitan school district to provide for three year looping programs and the other five schools to provide for two year looping programs. Four years after implementation of the pilot program, the Department of Elementary and Secondary Education shall conduct a study of the program to measure its effectiveness.

DEFINITION OF HANDICAPPED CHILDREN – SECTION 162.675: This act modifies the definition of "handicapped children" to include "child with disabilities" and "children with disabilities" as used in sections 162.670 to 162.995.

NOTICE PERIOD FOR SPECIAL EDUCATION DUE PROCESS HEARINGS – SECTION 162.963: Current law requires a five business day notice for the introduction of evidence at a special education due process hearing, with the exception of an expedited hearing. This act removes the exception for expedited hearings and applies the five-day notice period to expedited hearings as well.

DIFFERENTIAL PAY AND PERFORMANCE EVALUATIONS/PAY FOR TEACHERS – SECTION 162.1153, 163.043: This act allows districts that are classified as "unaccredited" or "provisionally accredited" by the state board of education to provide salary increases of three thousand to five thousand dollars in order to attract teachers in the areas of math, science, special education, and English as a second language. Such a teacher may also be entitled to receive subsequent salary or cost-of-living increases. Any teacher who is willing to accept such a salary increase may enter into an agreement with the school district that includes various conditions, such as opting out of the tenure system.

The school district shall also create performance evaluation standards for teachers, including an annual evaluation of the teacher by a peer review group as described therein. Teachers who receive a rating of either outstanding, good, or fair shall receive a one-time bonus of the listed dollar value. A teacher receiving a rating of poor shall not receive a bonus. Teachers may also be eligible for salary increases based on student proficiency as described therein. This act also establishes the "Missouri Exceptional Teachers Fund" to provide the salary increases.

This act requires that for fiscal year 2009 and each fiscal year thereafter, one million dollars of the "Classroom Trust Fund" otherwise transferred under the provisions of this subsection shall be transferred to the Missouri exceptional teachers fund created in Section 162.1153.

STUDENT ASSESSMENTS – SECTION 162.1159: Each student enrolled at a school within a school district classified as "unaccredited" or "provisionally accredited" by the state board of education shall be assessed every six weeks to determine proficiency. A student who fails to demonstrate proficiency shall receive remedial tutoring from the school district until the student demonstrates proficiency.

FULLY SUBSIDIZED PRESCHOOL – SECTION 162.1168: This act would require the state to provide fully subsidized preschool for each child residing in the metropolitan school district who is at least four years old until such time as the child enters kindergarten.

SPECIAL EDUCATION PUPIL COUNT – SECTION 163.011: This act modifies the definition of "special education pupil count" by including nonpublic students served through the federal Individuals with Disabilities Education Act by the district in which the nonpublic school is located.

SAFE SCHOOLS FUND – SECTION 163.045: This act allows the General Assembly to appropriate nine million dollars to the safe schools fund, as created in this section, for the benefit of the safety and security of school children, beginning with the 2009 fiscal year. A school district shall adopt certain procedures in order to receive funds from this section.

MISSOURI LEGACY FUND – SECTION 166.424: This act creates the "Missouri Legacy Fund" in the state treasury. The Missouri higher education savings program board shall administer the fund. Money in the fund shall be used to provide a state match to dollars invested on behalf of beneficiaries in the MOST program who are Missouri residents and whose family income is 150% or less of the Missouri median family income, or who meet other criteria established by the MOST board, and for the administration of this section. Beginning August 28, 2007, and each fiscal year thereafter, the first twenty-two million five hundred thousand dollars of net transfers from the abandoned fund account shall be transferred to the general revenue fund, and an amount in excess of twenty-two million five hundred thousand dollars shall be transferred from the abandoned fund account to the Missouri Legacy Fund. The state treasurer shall invest moneys in the fund in accordance with rules to be promulgated.

STATE TAX EXEMPTION – SECTION 166.435: This act allows an annual contribution up to and including eight thousand dollars per participating taxpayer and up to sixteen thousand dollars for married individuals filing a joint tax return.

DEFINITION OF HOMELESS CHILDREN – SECTION 167.020: This act replaces, in the residency provisions, the definition of "homeless children" with the federal definition. A person other than a legal guardian may request a residency review. Further, the act clarifies which educational records are needed. The act requires a notice of reportable offenses to be attached to an offending student's record and transcript.

EDUCATION RECORDS – SECTION 167.022: This act requires a school official enrolling a nonresident pupil to request within two business days all education records deemed necessary by the school official for enrollment, which may include individual education plans and health records.

SCHOOL UNIFORMS – SECTION 167.029: Any school district that is classified as "unaccredited" or "provisionally accredited" by the state board of education shall adopt a dress code policy requiring students to wear a school uniform. Certain high performing schools within the metropolitan school district are exempt from this section but may still adopt a dress code policy under this section.

MISSOURI VIRTUAL SCHOOL – SECTION 167.121: This act allows a parent or guardian residing in a lapsed public school district or a district that has not scored accredited on two consecutive annual performance reports to enroll a child in the Missouri virtual school.

ALTERNATIVE EDUCATION GRANTS – SECTION 167.335: The State Board of Education is required to promulgate selection priority criteria that gives preference to school districts applying for grants to provide alternative educational opportunities to disruptive students if the application provides a regional approach to school safety, provides regular coordination between education, social service and law enforcement personnel, or uses recognized safe school methods. The board shall evaluate the applications for preventative approaches and ensure that grants are awarded to districts that are not in crisis mode.

EXEMPTION FROM LIABILITY FOR ADMINISTERING MEDICATION IN SCHOOLS – SECTION 167.621, 167.624, 167.627, 167.630: This act exempts unqualified employees who refuse to administer medication or medical services from disciplinary action for their refusal. Qualified employees are exempt from liability for administering medication or medical services, including cardiopulmonary resuscitation, in good faith and according to standard medical practices. The act adds chronic health conditions to the types of conditions in which a student may self-administer medication. The act adds employees trained and supervised by the school nurse to the list of individuals who are authorized to use an epinephrine auto-syringe on a student.

EMPLOYEE BACKGROUND CHECKS – SECTION 168.133: An employee background check and fingerprint record is good for one year and transferable from district to district.

TEACHER RETIREMENT BENEFIT PROVISIONS – SECTIONS 169.070, 169.466, 169.471, 169.596, 169.670: Currently, certain alternative retirement allowance provisions (commonly referred to as "25 and out" and the "31st year factor") of the Teacher and School Employee Retirement Systems terminate on July 1, 2008. This act extends the termination dates to July 1, 2013.

This act also replaces the term "pension" with the phrase "retirement benefit" throughout sections 169.466 and 169.471. It provides that the board of trustees for the public school retirement system in districts of 700,000 or over is authorized to increase retirement benefits for the system and to adopt additional retirement benefits for persons who have retired, included cost-of-living adjustments, as long as the board of trustees finds that the additional benefit will not require an increase in the contribution rate required by members or the board of education and is actuarially sound. If the board authorizes such an increase in benefits, it shall certify in writing to the board of education the findings upon which the board determines no increase in contributions.

CAPTIONING OF ELECTRONIC VIDEO INSTRUCTIONAL MATERIALS – SECTION 170.135: Beginning January 1, 2008, every publisher or manufacturer of electronic video instructional materials offered for adoption or sale in the state shall supply such materials with open captions or closed captions except for those products described therein.

SCHOOL CALENDAR YEAR – SECTION 171.031: This act provides restrictions for opening dates for public school districts.

CIVIL LIABILITY FOR DEFIBRILLATOR USE – SECTION 190.092: This act holds harmless and immune from civil liability an individual who uses an automated external defibrillator under certain conditions.

MISSOURI CHILDREN'S COMMISSION – SECTION 210.102: The Missouri Children's Commission shall develop recommendations for best practices in sharing relevant agency information relating to school-aged children receiving state services on or before July 1, 2008.

RATING SYSTEM FOR EARLY CHILDHOOD PROGRAMS – SECTION 210.205: 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 a quality rating system for early childhood before- and after-school programs. It also creates the "Quality Rating System Program Improvement Grant Fund" in the state treasury.

GUARDIAN APPOINTMENTS – SECTION 475.060: This act modifies this section by not allowing an appointment of a guardian of a minor to be used to circumvent current law requiring the student to be a resident of the school district.

STATE AUDITOR – SECTION 1: The state auditor shall have the power to audit any school district in the state in the same manner as the auditor may audit any agency of the state.

UNACCREDITED SCHOOL DISTRICT PROCEDURES – SECTION 2: Whenever any school district in the state attains a score or displays criteria for classification of the district on its annual performance review consistent with the classification of "unaccredited," the state board of education shall, within ninety days, study all pertinent and current data from the district. The board shall either classify the district as "unaccredited' or issue a report to the General Assembly and the Governor delineating the factors considered and its reasons for the classification. If the board votes to classify a district as "unaccredited," the board may vote to apply such classification prospectively to a date no later than ten days after the last scheduled day of classes for the district in the current academic year.

MICHAEL RUFF

SA 1: THIS AMENDMENT STRIKES ALL OF SECTION 161.720, WHICH ALLOWED MISSOURI PUBLIC HIGH SCHOOL GRADUATES ENROLLED IN A TWO OR FOUR YEAR DEGREE PROGRAM IN MISSOURI TO RECEIVE REIMBURSEMENT FOR TUITION FOR REMEDIAL COURSES.

SA 2: THIS AMENDMENT STRIKES ALL OF SECTION 167.029, WHICH REQUIRED SCHOOL DISTRICT CLASSIFIED AS "UNACCREDITED" OR "PROVISIONALLY ACCREDITED" BY THE STATE BOARD OF EDUCATION TO ADOPT A DRESS CODE POLICY REQUIRING STUDENTS TO WEAR SCHOOL UNIFORMS.

SA 5: THIS AMENDMENT PROVIDES THAT THE MISSOURI SCHOOL IMPROVEMENT PROGRAM SHALL NEITHER REQUIRE NOR USE A SCORING RUBRIC THAT REQUIRES A SCORE FOR MEETING STANDARDS REGARDING LIBRARIAN STAFF, COUNSELOR STAFF, OR THE OFFERING OF VOCATIONAL EDUCATION.

SA 7: THIS AMENDMENT CREATES THE "PUBLIC SAFETY FOR ALL SCHOOL CHILDREN FUND" WITHIN THE STATE TREASURY. THE GENERAL ASSEMBLY MAY APPROPRIATE UP TO NINE MILLION DOLLARS TO THE PUBLIC SAFETY FOR ALL SCHOOL CHILDREN, TO BE AWARDED IN COMPETITIVE GRANTS TO PUBLIC SCHOOL DISTRICTS, PRIVATE SCHOOLS, AND PAROCHIAL SCHOOLS.

SA 9: THIS AMENDMENT STRIKES SECTION 162.1168, WHICH REQUIRED THE STATE TO PROVIDE FULLY SUBSIDIZED PRESCHOOL FOR CERTAIN FOUR YEAR OLD CHILDREN IN THE METROPOLITAN SCHOOL DISTRICT.