SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1059
91ST GENERAL ASSEMBLY
TERRY L. SPIELER, Secretary.
4150S.05C
AN ACT
To amend chapter 160, RSMo, by adding thereto one new section relating to accountability for priority and performance schools.
Section A. Chapter 160, RSMo, is amended by adding thereto one new section, to be known as section 160.720, to read as follows:
160.720. 1. The department of elementary and secondary education shall identify for recognition by the governor schools demonstrating high student achievement to be designated as performance schools. In addition, the department of elementary and secondary education shall identify those waivers of administrative rule authorized under state law appropriate for the recognized school district or school.
2. The department of elementary and secondary education shall identify priority school districts and priority schools based upon the following criteria:
(1) School attendance centers declared academically deficient by the state board of education as authorized by section 160.538;
(2) School districts declared unaccredited or provisionally accredited by the state board of education pursuant to section 161.092, RSMo; or
(3) School districts or school attendance centers that do not meet any of the accreditation standards on student performance established by the state board of education based upon the statewide assessment system authorized pursuant to section 160.518.
3. The board of education of any priority school district or priority school shall submit, as a part of a comprehensive school improvement plan, an accountability compliance statement that shall:
(1) Identify and analyze areas of deficiency in student performance by school, grade and academic content area;
(2) Provide a comprehensive strategy for addressing these areas of deficiency; and
(3) Assure disclosure of these areas of deficiency in the school accountability report card required pursuant to section 160.522.
4. The comprehensive strategy for addressing areas of deficiency required pursuant to this section shall address the following areas:
(1) Align curriculum to address areas of deficiency in student achievement;
(2) Develop, for any student who is not receiving special education services under an individualized education plan pursuant to sections 162.670 to 162.699, RSMo, who is performing at a level not determined or at the lowest level of proficiency in any subject area under the statewide assessment established pursuant to section 160.518, an individual performance plan in that subject area which shall:
(a) Be developed by the teacher or teachers in consultation with the child's parents or guardian;
(b) Outline responsibilities for the student, parent or guardian, teachers and administrators in implementing the plan. Such plans shall not require the level of documentation and procedural complexities of an individualized education plan pursuant to sections 162.670 to 162.699, RSMo, but shall contain sufficient detail for all parties to understand their responsibilities in the implementation of the student's performance plan; and
(c) Require those students performing at a level not determined or at the lowest level of proficiency in any subject area under the statewide assessment established pursuant to section 160.518 to be provided with additional instruction time and to retake the assessment;
(3) Focus state and local professional development funds on the areas of greatest academic need, including a statement relating to accessing the resources and services of the regional professional development center and support from state professional development funds;
(4) Create programs to improve teacher and administrator effectiveness;
(5) Establish school accountability councils consistent with the procedures stated in subsection 5 of section 160.538 or align any existing parent advisory council with the requirements of subsection 5 of section 160.538;
(6) Develop a resource reallocation plan for the district; and
(7) Consider the need to implement strategies pursuant to this subsection for feeder schools of any priority school.
5. The school district shall include in any program for improvement of teacher and administrator effectiveness in an accountability compliance statement policies that would:
(1) Require school administrators and teachers, including teachers who are provisionally or temporarily certified, to participation in one of the following programs of professional development:
(a) A mentoring program meeting standards established by the state board of education or supervised by an individual previously designated by the department of elementary and secondary education as a regional resource teacher;
(b) Successful completion of a training program for certification as a scorer under the statewide assessment program authorized pursuant to section 160.518; or
(c) Enrollment and making adequate progress towards national board certification;
(2) Provide one additional year of intensive professional development assistance to teachers and administrators who do not complete or make adequate progress in the professional development activities described in subdivision (1) of this subsection;
(3) Exempt from the professional development requirements accountability compliance statement as provided in subdivision (1) of this subsection any individual who:
(a) Holds qualifying scores in the appropriate professional assessment as determined by the state board of education or who elects to take and receive a qualifying score of that assessment;
(b) Holds national board certification;
(c) Is certified as a scorer under the statewide assessment program;
(d) Is designated by the department of elementary and secondary education as a regional resource teacher;
(e) Serves as a mentor teacher for one school year in a program meeting standards adopted by the state board of education; or
(f) Successfully completes an appropriate administrator academy program offered pursuant to section 168.407, RSMo;
6. Any resource reallocation plan shall include at least one of the following elements:
(1) Reduce class size in areas of academic concern;
(2) Establish full-day kindergarten or preschool programs;
(3) Establish after-school, tutoring and other programs offering extended time for learning;
(4) Employ regional resource teachers designated by the department of elementary and secondary education or national board-certified teachers, along with appropriate salary enhancements for such teachers;
(5) Establish programs of teacher home visitation to encourage parental support of student learning; and
(6) Create "school within a school" programs to achieve smaller learning communities within priority schools.
7. The state board of education shall establish by administrative rule standards to evaluate accountability compliance statements, based upon the following criteria:
(1) An accountability compliance statement shall be submitted to the department of elementary and secondary education on or before August 15 following any school year in which a school district meets the criteria established under subsection 2 of this section;
(2) The department of elementary and secondary education shall review and identify areas of deficiency in the plan within thirty days of receipt; and
(3) Changes to the plan shall be forwarded to the department of elementary and secondary education within thirty days of notice to the district of the areas of deficiency.
8. The department of elementary and secondary education shall withhold funds to be paid to the school district, as authorized in section 163.031, RSMo, until such time as the district submits an accountability compliance statement meeting the standards authorized pursuant to this section within the timelines established herein.
9. The department of elementary and secondary education shall develop within three years of the adoption of this section a program of administrator mentoring focusing on the need of priority schools and priority school districts and meeting standards established by the state board of education.
10. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.