CCS/SS#2/SCS/HCS#2/HB 1543 – This act modifies provisions relating to elementary and secondary education. SCHOOL DISCIPLINE POLICIES & REPORTING REQUIREMENTS: Currently, school discipline policies must include a requirement that school administrators 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. 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 authorization of the superintendent or unless the student is enrolled in and attending an alternative school. This act expands employee immunity from correctly following discipline policies to all policies.
Current law provides that spanking, when administered by certificated personnel in a reasonable manner, is not abuse. This act provides that the use of reasonable force to protect persons or property, when administered by school district personnel in a reasonable manner, is not abuse, as long as no allegation of sexual misconduct arises and another school employee is present as a witness in the case of spanking.
These provisions are substantially similar to provisions contained in HCS/HB 96 (2009) and SCS/HCS/HB 1722 (2008). (Section 160.261)
CYBERBULLYING & SCHOOL ANTI-BULLYING POLICIES: This act modifies the definition of "bullying" as used in antibullying policies that must be enacted by school districts. The definition of "bullying" shall include cyberbullying and electronic communications.
These provisions are identical to SB 614 (2010), SB 79 (2009) and SB 762 (2008) and are similar to SB 646 (2007). (Section 160.775)
RESOURCE STANDARDS, APPROPRIATIONS & WITHHOLDING OF FUNDS BY THE GOVERNOR: For fiscal years 2011, 2012, and 2013, if the appropriation for the foundation formula and hold harmless school districts is less than the calculation of the amount required for the phase-in of the formula for that fiscal year, or the appropriation for the transportation categorical is funded at a level less than 75% of allowable costs, the Department of Elementary and Secondary Education must not penalize any district undergoing its accreditation review for a failure to meet resource standards under the Missouri School Improvement Program. In addition, if the Governor withholds funds for the school funding formula in fiscal years 2011-2013, any school district undergoing accreditation review in the fiscal year following the year in which withholding occurred will not be penalized for failure to meet resource standards under the Missouri School Improvement Program.
In fiscal years 2011, 2012, and 2013, if the appropriation for the foundation formula and hold harmless school districts is less than the calculation of the amount required for the phase-in of the formula for that fiscal year, or the appropriation for the transportation categorical is funded at a level less than 75% of allowable costs, school districts will be excused from compliance with the requirement to spend funds on professional development and fund placement and expenditure requirements. In addition, if the Governor withholds from the school funding formula in fiscal years 2011-2013, school districts will be excused from these requirements in the following fiscal year.
These provisions are substantially similar to provisions contained in HCS/HB 2053 (2010), HCS/SCS/SB 815 (2010), and HCS/SS/SB 943 (2010). (Sections 161.209 & 163.410)
DRUG TESTING FOR SCHOOL CONSTRUCTION PROJECTS: This act requires the office of administration to issue regulations that require contractors or subcontractors for public works construction projects on public school projects to establish and implement a random drug and alcohol testing program. Any program must be administered by a laboratory duly certified by the us department of health and human services or similar agency. Any program must require notification to the employer and employee of the results of any positive drug and alcohol test. The school district must be notified of the action to protect the safety of the students as a result of a positive test. All costs will be paid for by the employer on the public works project. No costs will be paid by the state, any of its agencies, or any political subdivision. (SECTION 161.371)
TECHNICAL CORRECTIONS: In section 161.650, this act removes a statutory reference to section 166.260, which was previously repealed. In section 167.117, this act corrects an intersectional reference. (Sections 161.650 & 167.117)
STUDENT DRESS CODE: Currently, only the St. Louis City school district may require school uniforms. This act allows any school district to require students to wear a school uniform or restrict student dress to a particular style.
These provisions are substantially similar to provisions contained in HCS/HB 96 (2009) and SCS/HCS/HB 1722 (2008). (Section 167.029)
ADMINISTRATION OF MEDICATION OR MEDICAL SERVICES: This act exempts unqualified employees who refuse to administer medication or medical services from disciplinary action. A school district may develop a program to train employees in CPR and other lifesaving methods. Qualified employees are exempted from liability for administering medication or medical services, including CPR and other lifesaving methods, when done in good faith and according to standard medical practices. Students may self-administer medication for chronic conditions. Employees trained and supervised by the school nurse are authorized to use an epinephrine auto-syringe on a student as described in the act. Trained employees administering a prefilled auto syringe are exempt from liability when acting in good faith and according to standard medical practices.
These provisions are substantially similar to provisions contained in HCS/HB 96 (2009) and SCS/HCS/HB 1722 (2008). (Sections 167.621, 167.624, 167.627 & 167.630)
HEARING OFFICER FOR TEACHER REMOVAL HEARINGS IN ST. LOUIS CITY SCHOOL DISTRICT: This act clarifies that a permanent teacher will have the privilege of being present at the teacher removal hearing. In addition, during any time in which a special administrative board governs the st. Louis city school district, the board may appoint a hearing officer to conduct a hearing to remove a permanent teacher. The hearing officer must conduct the hearing according to the procedures outlined in chapter 536 for contested cases. The hearing officer must issue a written recommendation to the school board. The board must then issue a decision based on the recommendation and the record from the hearing.
This provision is identical to a provision contained in HCS/SS/SB 943 (2010) and HCS/SCS/SB 815 (2010). (SECTION 168.221)
CAREER LADDER: This act modifies the Career Ladder program. This act removes the requirement that the General Assembly make an annual appropriation. Beginning in fiscal year 2012, Career Ladder payments will only be made available to local school districts if an appropriation is made. Any state appropriation must be made prospectively in relation to the year in which work under the program is performed. Nothing in this act 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.
In addition, this act removes the variable match portion of Career Ladder. Instead, Career Ladder will be funded by sixty percent local funding and forty percent state funding. The three groups of school districts with variable funding rates are eliminated.
These provisions are identical to provisions contained in SS/SB 943 (2010).
These provisions are identical to provisions contained in HCS/SS/SB 943 (2010) and HB 2245 (2010). (Sections 168.500 and 168.515)
PARENTS AS TEACHERS: This act removes the prohibition against charging a fee to parents as teachers participants or their parents. Families with children under the age of kindergarten entry will be eligible to receive annual development screenings and parents will be eligible to receive prenatal visits under sections 178.691 to 178.699. Priority for service delivery of approved parent education programs under section 178.691 to 178.699, which includes, but is not limited to, home visits, group meetings, screenings, and service referrals, shall be given to high needs families in accordance with criteria set forth by the department of elementary and secondary education. Local school districts may establish cost sharing strategies to supplement funding for such program services. This will expire on December 31, 2015, unless reauthorized by an act of the general assembly.
This provision is substantially similar to a provision contained in HCS/SCS/SB 815 (2010), HCS/SS/SB 943 (2010), and HB 2245 (2010). (Section 178.697)
Section 163.410 contains an effective date of July 1, 2010, or upon passage or approval, whichever occurs later. (Section B)
MICHAEL RUFF