Education and the safety of children comprised of much of the Missouri Senate’s agenda this week. Many senators place education in Missouri at the top of their list of legislative priorities.

Aiming to provide children with the best education possible, SB 576 would, among other provisions, modify terms relating to charter schools, allowing charter schools to operate in unaccredited districts throughout the state, in addition to the St. Louis City and Kansas City school districts.

The legislation would allow charter schools to operate in districts accredited without provisions, if sponsored by the local school board. However, a school board that has an enrollment of 1,550 students or more cannot enroll more than 35 percent of its enrollment in charter schools. The Missouri State Auditor would be allowed to audit any charter school in the same manner as any agency of the state.

In addition, the act would allow proposed or existing high-risk or alternative charter schools to include alternative arrangements for students to obtain credits for satisfying graduation requirements in the charter application and charter. Alternative arrangements may include:

• Credit for off-campus instruction,
• Embedded credit,
• Work experience,
• Independent studies, and
• Performance-based credit options.

Upon approval of the charter by the State Board of Education, any alternative arrangements would be approved at the same time.

Aiming to protect children in unlicensed day care facilities, SB 448 would modify provisions relating to child care providers and establish “Sam Pratt’s Law.”

Sam Pratt’s Law states that in cases involving abuse, neglect, or death of a child, any judge may prohibit a defendant, as a condition of his or her release, from providing child care services for compensation, pending final disposition of the case. In addition, the measure would require any child care facility exempt from licensure to let the children’s parents and guardians know of its licensure-exempt status. Any provider who violates this act would be charged a fine of $200 a day. 

Sponsored by Sen. Jay Wasson, R-Nixa, SB 758 would change the laws regarding hotline calls and investigations of child abuse and neglect to the Children’s Division, under the Missouri Department of Social Services. More specifically, in any case where a child is seriously injured or dies, the hotline worker or case worker who handled the case would receive a preliminary evaluation by the division to determine if the worker is still able to competently handle his or her job responsibilities.

Senate Bill 758 also addresses home visits. Division workers responding to a child abuse and neglect investigation would be prohibited from calling prior to a home visit or leaving a business card, pamphlet or other similar identifying information at a residence if workers have a reason to believe:

• No person is present at the time of the home visit and the alleged perpetrator resides in the home or the child’s safety may be compromised if the alleged perpetrator becomes aware of the visit;
• The alleged perpetrator becomes aware of the attempted visit; or
• The family has a history of domestic violence or fleeing the community.

Sponsored by Sen. Joe Keaveny, D-St. Louis, SB 739 grants the authority to administrative hearing officers from the Department of Social Services (DSS) to set aside or correct administrative child support decisions or orders and proposed administrative modifications of a judicial order.

Currently, administrative hearing officers from DSS aren’t allowed to correct errors on child support decisions, orders, and proposed decisions — in order to apply such corrections, officers would need to go before a judge. This legislation aims to ensure that legal proceedings regarding child support cases are handled as smoothly and efficiently as possible.

Senate Bill 677, sponsored by the chair of the Senate Education Committee, would remove the mandatory two-year waiting period between a school district becoming unaccredited and the ability of the State Board to take over the district. By eliminating this waiting period, the State Board of Education can immediately appoint a special administrative board in order to begin work on correcting the district’s issues and begin the reaccreditation process. Among other points, the legislation is indented to give Missourians the best education possible and fix pressing issues in the district.

Another measure given the green light by the Senate addresses pain management techniques.

Sponsored by Senate Majority Floor Leader Tom Dempsey, R-St. Charles, SB 682 aims to protect Missourians during medical procedures. More specifically, the act would require only licensed physicians to use certain techniques in diagnosing or treating chronic pain or pain occurring outside of a surgical, obstetrical, or post-operative course of care.

Certain techniques limited to licensed physicians would be the ablation of nerves, placement of drugs in the spinal column, and certain other surgical techniques. This act would not apply to certified registered nurse anesthetists or anesthesiologist assistants providing surgical, obstetrical, or post-operative pain control.

Senator Jolie Justus, D-Kansas City, offered a successful amendment stating that provisions of this act would expire Aug. 28, 2016 (unless reauthorized by an act of the General Assembly), in order to examine how this act would affect health care professionals and patients.

Senate Offers First-Round Approval to Several Measures

Before the Missouri Senate adjourned for the week, the body gave its initial approval to numerous measures.

Senate Bill 625, sponsored by Sen. Mike Kehoe, R-Jefferson City, would modify fund transfers between retirement systems and retirement for certain public officials, and would set interest paid of member contributions at Treasury Bill, or T-Bill, a short-term debt obligation backed by the U.S. government with a maturity of less than one year.

Currently, when employees transfer between the Missouri State Employees' Retirement System and the Missouri Department of Transportation and Highway Patrol Employees' Retirement System, the value of employees’ accrued benefits are also transferred. This act would change the computation of accrued benefits to exclude amounts for previously transferred service not subject to asset transfer. Any prior payments already made that should have been excluded would need to be returned.

Click here to watch “Daily Audio and Video Clips” from April 19, which includes Sen. Kehoe discussing SB 625 on the Senate floor.

Sponsored by the President Pro Tem, SB 854 states that any home care employer who must deny employment to an applicant or discharge an employee as a result of information obtained through a portion of the background screening and employment eligibility determination process required under the Family Care Safety Registry provisions, would not be liable in any action brought by the applicant or employee. The legislation, among other intentions, aims to protect Missourians in the workplace.

To allow Missourians affected by autism spectrum disorders (ASDs) to receive the best care possible, SB 803 would allow health care professionals studying to become behavior analysts or assistant behavior analysts to obtain provisional licensure, which would allow them to continue to care for children and adults affected by ASDs, under supervision, until they are able to take their final examination to obtain licensure.

Sponsored by Sen. Will Kraus, R-Lee’s Summit, SB 893 would require certain offenders, such as those who have received driving while intoxicated convictions, to undergo criminal history checks in order to have their driver’s licenses reinstated or have limited driving privileges granted. The act aims to protect Missourians while on the roadways.

Click here to watch “Daily Audio and Video Clips” from April 19, which feature debate on SB 893. Featured in these clips are Sen. Kraus and Sen. Justus.

A final passing vote by the Senate would send these measures to the House for consideration.

Legislation Tabled for Future Consideration

Several measures pertaining to education were debated on the Senate floor this week and may be considered at a later date.

House Bill 1174 would change the laws regarding school accreditation by authorizing the State Board of Education to establish an alternative governing structure for a failing school district. The act is similar to SB 677.

House Bill 1174 is under consideration at a time when some senators are expressing their concerns regarding the Turner vs. Clayton decision. The Missouri Department of Elementary and Secondary Education states that the July 16 Missouri Supreme Court ruling calls for unaccredited public schools to pay tuition payments for students who transfer to accredited school districts in the same or neighboring counties. The ruling also states that receiving school districts must accept all those students who wish to transfer.

While lawmakers considered the bill on the Senate floor, Sen. Eric Schmitt, R-Glendale, offered an amendment that he says would ease the tax burden for parents who move their children to other school districts.

Click here to watch “Daily Audio and Video Clips” from April 17, which features Sen. Schmitt offering his amendment on the Senate floor.

You can also click here to listen to “The Senate Minute” from April 17, which features a report on HB 1174. Featured in this posting are Sen. Schmitt and Sen. Timothy Green, D-Spanish Lake.

Legislation that would affect the more than 520 school districts that receive funding through Missouri’s school foundation formula was also brought forward for debate this week. Senate Bill 454, sponsored by the Senate Education Committee chairman, makes changes to the elementary and secondary education funding formula.

Created by state law in 2005 (SB 287) and designed to phase in over the next seven years, the school foundation formula distributes education funds more equitably and moved away from the previous program driven by tax rates to a system based on the differing factors of Missouri’s school districts. July 1, 2012 is the scheduled completion date of the phase-in.

Senate Bill 454 would adjust the completion date and apply appropriations distributed proportionally beginning in FY 2014 that increase and continue until FY 2017. For years in which appropriations do not equal the amount necessary to fully fund the foundation formula, payments would be modified to accommodate available appropriations. 

Click here to listen to “The Senate Minute” from April 19, which features discussion on SB 454. Featured in this report are Sen. Schmitt and Sen. Green.

The Missouri Senate also considered measures addressing prevailing wage and conscience rights of health care professionals.

Senate Bill 439, which would modify the law relating to the prevailing wage, received much debate this week.

Under current law, prevailing wage in a locality is determined by the Department of Labor to be the hourly rate for a particular occupational title by means of wage surveys. SB 439 would repeal this provision and establish that the prevailing wage for a locality would be the median hourly estimated wage of the construction and extraction occupational code most closely resembling the occupational title as published in the Metropolitan and Non-Metropolitan Area Occupational Employment Wage Estimate (published by the U.S. Bureau of Labor Statistics).

In addition, prevailing wage laws would not apply in any county that receives federal disaster assistance under a federal disaster declaration for projects undertaken as a result of the disaster.

Click here to listen to “The Senate Minute” from April 18, which features a report on SB 439. Included in this report are Sen. Dempsey and Senate Minority Floor Leader Victor Callahan, D-Independence.

You can also watch “Daily Audio and Video Clips” from April 18, which feature Sen. Dan Brown, R-Rolla, and Sen. Green discussing the legislation.

Senate Bill 657 would provide for the medical freedom of conscience protection for health care professionals who are able to provide specified medical procedures or research. Such procedures would include abortion, abortion-inducing drugs, contraception, sterilization, assisted reproduction, human cloning, and fetal tissue research.

In addition, SB 657 states that health care professionals who refuse to perform such procedures cannot be discriminated against and penalized. Proponents of the act say that individuals’ moral and conscience rights need to be protected in the health care industry. Opponents question the need for the legislation and say the matter needs further examination.

Click here to watch “Daily Audio and Video Clips” from April 19, which features Sen. Callahan voices his opinion regarding SB 657.

Senators Attend Announcement Regarding Missouri’s Nuclear Reactor Plans

The promotion of nuclear growth has been a topic of much discussion in Missouri. Last year, Sen. Kehoe sponsored SB 321, which would have allowed electric companies to recover costs from ratepayers associated with early site development for certain electrical generation facilities. Under current law, which was enacted in 1976, utilities cannot charge customers for the cost of building a new plant before it starts producing electricity.

However, in a recent announcement, several lawmakers, including Sen. Dempsey, Sen. Kehoe, and Sen. Green, stood with the governor to share news regarding plans to develop and manufacture a new generation of small modular nuclear reactors (SMRs) designed to provide cheaper upfront costs and shorter development times for utilities. With this announcement could follow discussion in the Legislature regarding the state’s construction work in progress, or CWIP, law.

The Missouri Senate will stand adjourned until 4:00 p.m. Monday, April 23. When lawmakers return, the Senate is anticipated to take up the 13 budget bills that will comprise the projected $24 billion operating budget for FY 2013.

To see the Senate’s weekly schedule or view a complete list of bills filed this year, among other information pertaining to the 2012 legislative session, please visit the Missouri Senate website at www.senate.mo.gov.

To follow these and other issues facing the Missouri Senate, visit www.senate.mo.gov. Visitors can track legislation as it passes through the General Assembly, learn more about their district, and, when the Legislature is in session, listen to streaming audio of legislative debate as it happens.

For more legislative news, please visit the Senate Newsroom. There you will find various audio and video programs and other services, such as:  

• Missouri Legislative Update (MLU) – A video program produced periodically throughout the year that provides an overview of the news in the Missouri Senate and House of Representatives. The program features news interviews with lawmakers and stories on issues concerning Missourians.
• Capital Dialogue – Missourinet's Bob Priddy hosts this monthly half-hour roundtable program bringing legislators together from the Missouri Senate and House of Representatives from different political parties to discuss their positions on specific issues and legislation.
• This Week in the Missouri Senate – A weekly five-minute audio program that wraps up the week’s news in the Missouri Senate. Programs are posted online every Friday in .mp3 format.
• Senate Minute – A condensed, one-minute audio report of current Senate news. Programs are posted in .mp3 format and are available through podcast.
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• Daily News Clips – The Senate Newsroom compiles daily news clips from various print and online publications that cover issues relating to the Legislature and state government. An archive of past clips is maintained online and is offered as a subscription service.

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