SB 218
Modifies provisions relating to elementary and secondary education
Sponsor:
LR Number:
0851H.07C
Last Action:
5/2/2019 - Referred H Rules - Administrative Oversight
Journal Page:
Title:
HCS SS SB 218
Calendar Position:
Effective Date:
August 28, 2019
House Handler:

Current Bill Summary

HCS/SS/SB 218 - This act modifies provisions relating to elementary and secondary education.

POLITICAL SUBDIVISION DEED RESTRICTIONS (Section 67.139)

Under this act, no political subdivision shall adopt, enforce, impose, or administer an ordinance, local policy, or local resolution that prohibits property sold, leased, or transferred by the political subdivision from being used for any lawful educational purpose by a charter school. Nor shall any political subdivision impose any deed restriction that expressly, or by its operation, prohibits such uses of property for any lawful educational use by a charter school.

Any deed restriction or affirmative use deed restriction that affirmatively allows for only one or more specified uses or purposes that do not include any educational use or purpose is prohibited under the act. Any deed restriction or affirmative use deed restriction in effect on the enactment date of the act that prohibits or does not permit property previously used for any educational purpose from being used for any future educational purpose shall be void.

If a political subdivision offers any of their property for sale, lease, or rent, the political subdivision shall not refuse to sell, lease, or rent the property to a charter school solely because the charter school intends to use the property for an educational purpose, however the political subdivision is not required to sell, lease, or rent the property to a charter school.

Any ordinance, policy, regulation, deed, or contract made in violation of this act shall be void from its inception.

This provision is identical to provisions in HCS/HB 581 (2019).

CHARTER SCHOOL ADMISSION (Section 160.410)

Under this act, if capacity at a charter school is insufficient to enroll all pupils who submit a timely application, a charter school may give preference for admission to students who will be eligible for the free and reduced price lunch program in the upcoming year.

This provision is substantially similar to a provision in SS#2/SCS/SB 292 (2019), HCS/HB 581 (2019), SCS/HB 485 (2019), SS#2/SCS/HCS/HB 604 (2019), .

ACCREDITATION STANDARDS FOR SPECIAL SCHOOL DISTRICTS (Section 161.089)

This act defines "accreditation standards" as the standards of the Missouri School Improvement Program, and requires the State Board of Education to modify accreditation standards for special school districts prior to July 1, 2020, to reflect the educational needs of students served by such districts and appropriately measure the performance of students.

This provision is identical to a provision contained in SCS/HB 485 (2019).

BRYCE'S LAW (Section 161.825)

This act modifies provisions of law known as "Bryce's Law", by changing the definition of "Department" from the Department of Elementary and Secondary Education, to the Office of the State Treasurer.

This act also removes the sunset provision on Bryce's Law.

This provision is identical to HCS/HB 1212 (2019), and is substantially similar to provisions contained in HB 33 (2019), HB 476 (2019), .

SCHOOL TURNAROUND ACT (Sections 161.1080, 161.1085, 161.1090, 161.1095, 161.1100, 161.1105, 161.1110, 161.1115, 161.1120, 161.1125, and 161.1130)

This act establishes the "School Turnaround Act", which requires the Department of Elementary and Secondary Education to establish school turnaround programs to assist public and charter schools in need of intervention.

THE SCHOOL TURNAROUND FUND (Sections 161.090, 161.1095, 161.1105, 161.1110)

Beginning September 1, 2020, the Department shall use an outcome-based measure to set the criteria for the designation of schools in need of intervention. Such designations shall occur no later than one month following the release of the statewide assessment results. The Department shall use the same measure to determine the criteria a school must meet to exit the school turnaround program.

The Department shall designate a school as in need of intervention only if there are sufficient funds in the School Turnaround Fund, established in this act, to pay an independent school turnaround expert.

Prior to August 30, 2020, the Department is required to identify two or more approved independent school turnaround experts with whom a school in need of intervention may partner. Such experts must meet the criteria set forth in the act.

The school turnaround committee, established by the governing board prior to October 1 of any year in which a school is designated as a school in need of intervention, shall partner with the governing board, before October 15, to select an independent school turnaround expert from the candidates identified by the Department. The committee shall be composed of one member of the governing board, the school principal, three parents of students enrolled in the school, four teachers at the school, and the district's chief financial officer, or equivalent.

The Department shall award contracts to school turnaround experts, and governing boards are not required to pay such experts. Contracts between the governing board and the expert are required to include specific elements set forth in the act.

SCHOOL TURNAROUND PLANS (Sections 161.1095, 161.1110)

The independent school turnaround expert shall, with the committee, develop and implement a school turnaround plan that includes certain elements set forth in the act. Such plan shall be submitted by the committee to the governing board for approval before March 1 of any initial remedial year. If the governing board does not approve the school turnaround plan, the committee may submit a new or revised school turnaround plan to the governing board for approval. The Department shall not approve a school turnaround plan unless such plan has been approved by the governing board of the school in need of intervention.

If the plan is approved by the governing board, such plan shall then be submitted to the Department for final approval before April 1 of an initial remedial year. The Department shall review a school turnaround plan submitted for approval within 30 days of submission, and shall approve a plan that is timely, well-developed, and meets the criteria set forth in the act.

The Department shall create an appeals process for a governing board that does not receive approval of its plan from the Department.

THE SCHOOL INTERVENTION FUND (Sections 161.1110 and 161.1115)

The Department, under this act, shall award grants from the School Intervention Fund, established in this act, to fund interventions identified in approved school turnaround plans. Local educational agencies shall only be eligible for a grant if the agency provides matching funds or an in-kind contribution of goods or services in the amount equal to the grant award.

A school in need of intervention that does not meet certain criteria, determined by the Department, within three school years after being designated a school in need of intervention may petition the Department for an extension to continue school improvement efforts for up to two additional years. Such extension shall be granted by the Department only if the school has demonstrated at least 50% of the improvement necessary to exit the turnaround process, or submits an appeal to the Department. A school that has been granted an extension is eligible for continued funding, and the Department may also extend the contract of an independent school turnaround expert.

Additional interventions for schools that do not meet the predetermined exit criteria in the required time frame shall be established by the Department.

THE SCHOOL RECOGNITION REWARD FUND (Section 161.1120, 161.1125)

Subject to appropriation, the Department shall establish a statewide program to be known as the "School Recognition and Reward Program" to provide incentives to schools and teachers to improve schools in need of intervention.

The Department shall award grants from the newly created School Recognition Reward Fund to local educational agencies with eligible schools, so long as the grant money is used to reward such schools or teachers.

Before November 30 2021, and before November 30 of each year thereafter, the Department shall report to the Joint Committee on Education on the implementation of this act.

This act is substantially similar to SB 365 (2019) and SS#2/SCS/HCS/HB 604 (2019).

LEASE AGREEMENTS FOR EARLY CHILDHOOD SPECIAL EDUCATION PROGRAM FACILITIES (Section 162.703)

Under this act, the Department of Elementary and Secondary Education shall not limit the reimbursement rate to school districts for early learning program facility lease agreements for any lease agreement entered into by a school district before March 2, 2015. Reimbursements to school districts for early learning program facility lease agreements shall be subject to appropriation.

This provision has an emergency clause.

This provision is identical to a provision contained in SCS/SB 465 (2019).

GIFTED EDUCATION PROGRAM (Section 162.720)

Under current law, when 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. Approval of such programs shall be made by the Department of Elementary and Secondary Education based upon project applications submitted by July 15 of each year.

Under this act, if 3% or more of students enrolled in a school district are determined to be gifted, the district is required to establish a state-approved gifted program for gifted children. If a school district has an average daily attendance of 350 students or less, the district's gifted program shall not be required to provide services by a teacher certified to teach gifted education. Any teacher who provides gifted services through the program, and is not certified, shall annually participate in at least 6 hours of professional development focused on gifted development.

Approval of such programs shall be made by the Department based upon project applications submitted at a time and in a form determined by the Department.

This act is identical to HB 112 (2019), and is similar to HB 136 (2019), HB 1435 (2018) and HB 1030 (2017).

EARLY CHILDHOOD EDUCATION (Section 163.018)

Under current law, pupils between the ages of three and five who are eligible for free and reduced price lunch and attend an early childhood education program that is operated by and in a district or by a charter school that has declared itself as a local educational agency providing full-day kindergarten and that meets standards established by the State Board of Education are included in the district's or charter school's calculation of average daily attendance.

Under this act, such students shall also be included in the calculation of average daily attendance if they attend an early childhood education program that is under contract with a district or charter school that has declared itself as a local educational agency and that meets standards established by the State Board.

In establishing such standards, the State Board shall consider certain factors set forth in the act. The staff members of an early childhood education program are required to undergo background checks.

This provision is identical to SB 407 (2019), a provision in SS#2/SCS/HCS/HB 604 (2019), and a provision in SCS/SB 465 (2019), is substantially similar to HB 594 (2019), and is similar to SB 25 (2019).

READING SUCCESS PLAN (Section 167.268 and 167.645)

This act modifies current law regarding reading success plans, formerly known as reading intervention programs. Each local school district and charter school shall have on file a policy for reading success plans for any pupils of the district in grades kindergarten through four, rather than through grade three. Each policy shall be aligned with the guidelines developed by the Department of Elementary and Secondary Education for reading intervention plans. Authority to develop guidelines to assist school districts and charter schools in formulating policies for reading intervention plans is transferred from the State Board of Education to the Department. Any guidelines for instruction must meet the needs of the student by ensuring that instruction is explicit and systematic and is based on the five areas of reading. Pre- and post-assessments are necessary to measure student success.

Each local school district and charter school is required to include in an individual pupil's reading success plan, individual and small group reading development activities. The plan shall be developed after consultation with the pupil's parent or legal guardian. Under current law, such provisions are not mandatory.(Section 167.268)

Under current law, each school district and charter school shall administer a reading assessment to each student within 45 days of the end of the third-grade year, unless a student has been determined in the current school year to be reading at grade level or above. Under this act, each school district and charter school shall administer a reading assessment or set of assessments to each student within the first 30 days of school for grades one through four, and by January 31 for kindergarten, unless a student has been determined in the previous school year to be reading at grade level or above. School districts and charter schools shall provide reading success plans to students with an individualized education plan (IEP) that have a reading deficiency, and for students receiving services under the Rehabilitation Act of 1973 whose services plan includes an element addressing reading.

This act removes the requirement that school districts and charter schools design a reading success plan for the student's fourth-grade year if the student's third-grade reading assessment determines the student is reading below second-grade level. The provision is replaced with a requirement that school districts and charter schools offer a reading success plan to each K-4 student who exhibits a reading deficiency that has been identified as being at risk for dyslexia in the statewide dyslexia screening requirement, or has a formal diagnosis of dyslexia. The reading success plan shall be provided in addition to the core reading instruction provided to all students, and shall meet criteria set forth in the act.

Any K-4 student who exhibits a deficiency in reading at any time, based upon local or statewide screening assessments, shall receive an individual reading success plan no later than 30 days after the identification of the deficiency. Such plan shall be created by the teacher and other pertinent school personnel, along with the parent or legal guardian, and shall describe the evidence-based reading improvement services the student shall receive. The reading success plan shall specify if a student was found to be at risk for dyslexia in the statewide dyslexia screening requirement or if the student has a formal diagnosis of dyslexia.

Under this act, beginning with the 2020-2021 school year, students who are not reading at grade level by the end of the second grade shall receive intensive reading intervention to remedy the student's specific reading deficiency. Each school district and charter school shall conduct a review of student reading success plans for all students who are not reading at grade level by the end of the second grade, and shall address additional support services needed to remedy the areas of deficiency. School districts and charter schools shall provide improvement and support services set forth in the act.

School districts and charter schools are required, under this act, to provide an intensive acceleration for any student not reading proficient or above on a local or statewide third-grade reading assessment and has a reading success plan, and shall meet certain criteria set forth in the act. Under current law, each student for whom a reading success plan has been designed shall be given another reading assessment to be administered within 45 days of the end of the student's fourth-grade year. If such student is determined to be reading below third-grade level, the student shall be required to attend summer school to receive reading instruction.

The mandatory process of additional reading intervention for reading support outside the regular school day and school year shall cease at the end of the sixth grade. If the student is still not reading at grade level upon completion of the sixth grade, the school district and charter school shall continue to provide a reading success plan to be implemented during the regular school day until such time as the student is reading at grade level, or upon graduation from high school.

Each school district and charter school is required to offer summer school reading instruction to any student with a reading success plan. Districts may fulfill the requirement through cooperative arrangements with neighboring districts or virtual schools.

The parent or legal guardian of any student who exhibits a deficiency in reading shall be notified in writing no later than 30 school days after identification of the deficiency. The written notification shall meet certain requirements set forth in the act.

This act requires the board of each school district and charter school to post, by September 1 of each year, by building, the number and percentage of all students in grades 3-8 scoring at each proficiency level on the English language arts statewide assessment; by building, the number and percentage of all students in grades 3-8 in each demographic category scoring proficiency level on the English language arts statewide assessment; by district, the number and percentage of all students in grades 3-8 scoring at each proficiency level on the English language arts statewide assessment; and by district, the number and percentage of all students in grades 3-8 in each demographic category scoring at each proficiency level on the English language arts statewide assessment.

The Department is also required to report the information in a state-level summary to the State Board of Education, the public, the Governor, and the Joint Committee on Education by October 1 of each year.

This act also repeals provisions of law relating to mandatory retention for reading deficiencies.

These provisions are substantially similar to SCS/SB 349 (2019), and are similar to SB 73 (2019), HCS/HB 464 (2019), HCS/SCS/SB 949 (2018), and HB 1417 (2018).

TRANSPORTATION OF STUDENTS (Sections 168.133 and 304.060)

Under this act, any school board in the state may contract with any municipality to provide primary transportation services to school children in ninth through twelfth grade. Such contract shall require the presence of an adult supervisor who is approved by the school board on any municipal vehicle while such vehicle is transporting children.

Any time such vehicle is transporting children, the vehicle shall include a section of seating designated solely for use by children.

School bus drivers employed by a municipality, or any other entity under contract with the school district, shall be subject to a criminal background check.

This act is substantially similar to HB 606 (2019), and is similar to HB 1366 (2018), HB 888 (2017), and SB 369 (2017).

MENTAL AND EMOTIONAL HEALTH EDUCATION (Section 170.020)

This act requires the Department of Elementary and Secondary Education to establish a voluntary pilot program, beginning in the 2020-2021 school year, to provide for mental and emotional health education in elementary schools in the state. The purpose of the program is to determine whether and how to implement an elementary mental and emotional health education program statewide.

The Department shall select from among applications submitted by the public elementary schools a minimum of 16 public elementary schools for participation in the pilot program. If fewer than 16 schools apply to the program, the Department shall select as many eligible schools possible for participation in the pilot program. The Department is required to develop an application process for schools wishing to participate in the program.

The local school board for each elementary school selected to participate in the pilot program shall agree to implement and fully fund an elementary mental and emotional health program in such school and to continue to provide such mental and emotional health education program for a period of at least three years. The local school district may employ a mental and emotional health teacher to provide such program for the elementary school.

The Department and the local school districts are required, under this amendment, to collaborate to establish the instructional models for each elementary mental and emotional health education program. Such instructional model shall be grade-appropriate and include instruction on how to set and achieve positive goals, how to utilize coping strategies to handle stress, and shall have an increased emphasis on protective factors, such as problem-solving skills, social support, and social connectedness through positive relationships and teamwork.

The Department shall provide for a program evaluation regarding the success and impact of the pilot program, and shall report the results of such evaluation to the relevant House and Senate committees on health and mental health, and education.

The Department is required to maintain an adequate number of full-time employees, certified in mental and emotional health education, and distributed regionally throughout the state.

Nothing in the act shall be construed to require public elementary schools to participate in the program.

The provisions of this section are substantially similar to SS#2/SCS/HCS/HB 604 (2019).

REQUIRED LENGTH OF SCHOOL TERMS (Section 171.031)

This act modifies provisions relating to the required length of school terms.

Under this act, each local school district may set its opening date each year, which shall be no earlier than 14, rather than 10, days prior to the first Monday in September. No public school district shall select an earlier start date unless, for school years before the 2020-2021 school year, the district follows the procedure set forth under current law. Such procedure shall be unavailable to school districts preparing their calendars for school year 2020-2021 and for subsequent years.

This provision has an emergency clause.

This provision is identical to HCS/HBs 161 & 401 (2019), SB 478 (2019), SS#2/SCS/HCS/HB 604 (2019) .

AGRICULTURAL EDUCATION IN ELEMENTARY SCHOOLS (Section 178.530)

Under this act, the Department of Elementary and Secondary Education is authorized to develop a pilot program, beginning in the 2020-2021 school year, to provide for agricultural education in elementary schools in the state. The purpose of the program is to determine whether and how to implement an elementary agricultural education program statewide.

The Department shall develop an application process for public elementary schools wishing to participate in the pilot program. The Department shall select a minimum of 16 public elementary schools that applied to participate in the program. The local school board for each elementary school selected to be in the pilot program shall agree to implement and fully fund an elementary agricultural education program in such school and to continue to provide such elementary agricultural education program for a period of at least 3 years. The local school district may employ an agricultural education teacher to provide such program for the elementary school.

The Department and local school districts shall collaborate to establish the instructional model for each elementary agricultural education program, and such instructional model must meet the criteria set forth in the act.

The Department shall provide for a program evaluation regarding the success and impact of the pilot program and shall report the results of such evaluation to the relevant House and Senate committees on agriculture and education.

The Department is required to maintain an adequate number of full-time employees, certified in agricultural education and distributed regionally throughout the state.

This provision is substantially similar to a provision contained in SS#2/SCS/HCS/HB 604 (2019), and is similar to HB 1010 (2019).

JOSIE BUTLER