Senate Committee Substitute

SCS/HCS#2/HB 1543 - This act modifies provisions relating to elementary and secondary education.

AMY HESTIR STUDENT PROTECTION ACT – This act creates the "Amy Hestir Student Protection Act." (Section 160.085)

SECTION 37.710 - This act grants the Office of the Child Advocate the authority to file any findings or reports of the Child Advocate regarding the parent or child with the court and to issue recommendations regarding the disposition of an investigation, which may be provided to the court and the investigating agency.

SECTION 160.261 - If a student reports alleged sexual misconduct by a teacher or other school employee to a school employee who is required to report to the Children's Division, the employee and the school district superintendent must forward the allegation to the Children's Division within twenty-four hours. Any reports made to the Children's Division must be investigated by the Division in accordance with Division procedures. The school district must not conduct an investigation for purposes of determining whether the allegations should be substantiated. A district may investigate the allegations for purposes of making a decision regarding the accused employee's employment.

A mandated reporter as described in the act, who is a school officer or employee, who fails to report, will be subject to a class A misdemeanor.

SECTION 160.262 - This act authorizes the Office of the Child Advocate to offer mediation services when requested by both parties when child abuse allegations arise in a school setting. No student, parent of a student, school employee, or school district will be required to enter into mediation. If either party does not wish to enter into mediation, mediation will not occur. Procedures for mediation are described in the act.

SECTION 162.014 - A registered sex offender, or a person required to be registered as a sex offender, is prohibited from being a school board member or candidate for school board.

SECTION 162.068 - By July 1, 2011, every school district must adopt a written policy on information that the district may provide about former employees to other public schools.

The act grants civil immunity to school district employees who are permitted to respond to requests for information regarding former employees under a school district policy and who communicates only the information that the policy directs and who acts in good faith and without malice. If an action is brought against the employee, he or she may request that the Attorney General defend him or her in the suit, except as described in the act.

If a school district had an employee whose job involved contact with children and the district received allegations of the employee's sexual misconduct and as a result of such allegations or as a result of such allegations being substantiated by the Child Abuse and Neglect Review Board the district dismisses the employee or allows the employee to resign and the district fails to disclose the allegations in a reference to another school district or when responding to a potential employer's request for information regarding such employee, the district will be liable for damages and have third-party liability for any legal liability, legal fees, costs, and expenses incurred by the employing district caused by the failure to disclose such information to the employing district.

When a school district employs a person who has been investigated by the Children's Division and for whom there has been a finding of substantiated from such investigation, the district must immediately suspend the person's employment. The district may return the person to his or her employment if the Child Abuse and Neglect Review Board's finding that the allegation is substantiated is reversed by a court on appeal. Nothing shall preclude a school district from otherwise lawfully terminating the employment of an employee about whom there has been a finding of unsubstantiated from such an investigation.

A school district that has employed a person for whom there was a finding of substantiated from a Children's Division investigation must disclose the finding of substantiated to any other public school that contacts it for a reference.

SECTION 162.069 - By January 1, 2011, every school district must develop a written policy concerning teacher-student communication and employee-student communications. Each policy must include appropriate oral and nonverbal personal communication, which may be combined with sexual harassment policies, and appropriate use of electronic media as described in the act, including social networking sites. Teachers cannot establish, maintain, or use a work-related website unless it is available to school administrators and the child's legal custodian, physical custodian, or legal guardian. Teachers also cannot have a nonwork-related website that allows exclusive access with a current or former student.

By January 1, 2011, each school district must include in its teacher and employee training a component that provides information on identifying signs of sexual abuse in children and of potentially abusive relationships between children and adults, with an emphasis on mandatory reporting. Training must also include an emphasis on the obligation of mandated reporters to report suspected abuse by other mandatory reporters.

SECTION 168.021 - In order to obtain a teaching certificate, an applicant must complete a background check as provided in section 168.133.

SECTION 168.071 - The crimes of sexual contact with a student while on public school property as well as second and third degree sexual misconduct are added to the offenses for which a teacher's license or certificate may be revoked.

SECTION 168.133 - A school district's criminal background check on school employees must include a search of publicly available information in an electronic that displays information through a public index or single case display. School districts are responsible for conducting the criminal background check on bus drivers they employ. For drivers employed by a pupil transportation company under contract with the district, the criminal background check must be conducted through the Highway Patrol's criminal record review and must conform to the requirements of the National Child Protection Act of 1993, as amended by the Volunteers for Children Act.

This act changes, from two to one, the number of sets of fingerprints an applicant must submit for a criminal history background check. An employee employed after July 1, 2011, who is required to undergo a criminal background check must register with the family care safety registry. The Department of Elementary and Secondary Education must facilitate an annual check for employees with active teaching certificates against criminal history records in the central repository, sexual offender registry, and child abuse central registry. The Missouri Highway Patrol must provide ongoing electronic updates to criminal history background checks for those persons previously submitted by the Department of Elementary and Secondary Education.

A school district may conduct a new criminal background check and fingerprint collection for a newly hired employee.

SECTION 210.135 - Third-party reporters of child abuse who report an alleged incident to any employee of a school district are immune from civil and criminal liability under certain circumstances.

SECTION 210.145 - The Children's Division must provide information about the Office of the Child Advocate and services it may provide to any individual who is not satisfied with the results of an investigation.

SECTION 210.152 - The Children's Division may reopen a case in which the alleged perpetrator is a school employee for review at the request of any party to the investigation if information is obtained that the investigation was not properly conducted under the provisions of Chapter 210, RSMo, or if new information becomes available. For any case previously investigated by the Children's Division for which there was a finding of unsubstantiated and in which the alleged perpetrator was a school employee, the Children's Division must reconduct its investigation one time at the request of the Office of the Child Advocate if the Child Advocate has reasonable suspicion of wrongdoing. However, the Children's Division must not reopen an investigation if a court of law has entered a final judgment on the matter.

SECTIONS 210.915 and 210.922 - This act adds the Department of Elementary and Secondary Education to the list of departments that must collaborate to compare records on child-care, elder-care, and personal-care workers, including those individuals required to undergo a background check under Section 168.133 and who may use registry information to carry out assigned duties.

SECTION 556.037 - This act modifies the current statute of limitations for the prosecution of unlawful sexual offenses involving a person eighteen years of age or younger so that such a prosecution must be commenced within thirty years after the victim reaches the age of eighteen.

These sections are substantially similar to SCS/SB 631 (2010) and are similar to SB 41 (2009), HCS/HB 1314 (2008), SB 1212 (2008) and contains provisions similar to HB 2334 (2008) and HB 2579 (2008).

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). (Sections 160.261, 167.115)

PHYSICAL EDUCATION CREDIT FOR PARTICIPATION IN INTERSCHOLASTIC ATHLETICS: Current law requires students to earn one unit of credit in Physical Education to graduate from high school. This act would allow a school board to adopt a policy to allow any student at the high school level who has participated in at least one sport per year for three years or more at the interscholastic level to be granted a waiver for one half unit of credit of the physical education graduation requirement. Such policy shall apply only to students who have participated in athletics. Student or team managers or coaches shall not be eligible to receive a waiver for any credit under a school district policy. Any board that votes to adopt such a policy must notify appropriate officials at the Department of Elementary and Secondary Education within thirty days. The State Board of Education must make any necessary alterations to bring the state's minimum graduation requirements into compliance with this section.

This section is substantially to a provision contained in SS/SCS/SB 734 (2010) and SCS/SB 815 (2010). (Section 160.353)

PHYSICAL EDUCATION CREDIT FOR PARTICIPATION IN MARCHING BAND: This act would allow a school board to adopt a policy allowing any student who has earned fine arts credit for participation in high school marching band for three or more years to be granted a waiver for one half unit of the physical education graduation requirement. A school board must hold a public hearing on the question and a majority of the board must vote in favor of the question in order for the policy to be adopted. Any board that votes to adopt such a policy must contact appropriate officials at the Department of Elementary and Secondary Education within thirty days of an affirmative vote. The State Board of Education must make any necessary alterations to bring the state's minimum graduation requirements into compliance with this section.

This section is substantially to a provision contained in SS/SCS/SB 734 (2010) and SCS/SB 815 (2010). (Section 160.355)

CHARTER SCHOOLS: When a charter school has lost its sponsor or has had its charter revoked, rescinded or the charter has otherwise expired, it can contract with the local school district in which it is located to continue its operations. The school board of the school district would serve as the charter school's sponsor. Teachers in schools operating under such a contract will be considered employees of the charter school, and must meet all the licensure and certification requirements. (Section 160.400)

This act allows 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 will be approved at the same time.

The Department of Elementary and Secondary Education must conduct a study of any such charter school granted alternative arrangements for students to obtain credit to assess student performance, graduation rates, educational outcomes, and entry into the workforce or higher education.

This act requires charter schools whose mission includes student drop-out prevention or recovery to enroll nonresident pupils from the same or an adjacent county who reside in residential care facilities, transitional living group homes, or independent living programs, whose last school of enrollment is in the school district where the charter school is established, who submit a timely application. Preference will be given to resident pupils over non-resident pupils if there is insufficient capacity. Charter schools may also give an admissions preference to high-risk and dropout students.

These provisions are identical to SCS/SB 835 (2010) and similar to SB 317 (2009), SB 1027 (2008). (Sections 160.405 & 160.410)

Certain duplicate provisions that are contained in both sections 160.415 and 160.420 are repealed from 160.420 (allowing charter schools to contract with entities for services; to contract with community partnerships and state agencies to provide services; to contract for transportation and to receive state aid for transportation; requiring payment of state and federal resources for students with disabilities to charter schools and requiring a charter school district to provide special services; prohibitions on a charter school's ability to charge tuition and fees and to acquire property by eminent domain are repealed as are provisions that allow charter schools to incur debt and to accept grants, gifts or donations.) (Section 160.420)

GIFTED EDUCATION: School districts must include in their annual school accountability report card whether the school district currently has a state-approved gifted education program. The school district must also indicate if it has had a state-approved gifted education program within the last three years.

This act requires school districts to identify gifted students and establish appropriate programs or differentiated services for them. The Department of Elementary and Secondary Education must develop a list of identification criteria with emphasis on early identification. Gifted education must be funded by school districts from their basic state aid except as described in the act.

These provisions are identical to provisions contained in SB 962 (2010), HB 1295 (2010) and similar to provisions contained in SB 498 (2009), HB 2542 (2008). (Sections 160.522 and 162.720)

A+ SCHOOLS PROGRAM: This act modifies the A+ Schools Program. It allows students who are dependents of retired military who relocate to Missouri within one year of the date of the retirement to be exempt from the three year attendance requirement.

This provision is identical to HCS/HBs 2147 & 2261 (2010). (Section 160.545)

SCHOOL FACILITIES AND SAFETY CRITERIA: By July 1, 2012, the State Board of Education must add to any school facilities and safety criteria developed for the Missouri School Improvement Program provisions that suggest that the 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.

These provisions are substantially similar to provisions contained in HCS/HB 96 (2009) and SCS/HCS/HB 1722 (2008). (Section 160.660)

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 is similar to SB 646 (2007). (Section 160.775)

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, 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, 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). (Sections 161.209 & 163.410)

SCHOOL SAFETY AND SCHOOL VIOLENCE PREVENTION FUND: This act establishes the "School Safety and School Violence Prevention Fund." Beginning in fiscal year 2012, subject to appropriations, the General Assembly must appropriate no more than $500,000 each year to the fund. The funding is to be used to create a statewide center to provide training, information and guidance regarding violence prevention in schools. The Department of Elementary and Secondary Education may contract with a non-profit organization to serve as the statewide center for school safety and school violence prevention.

These provisions are substantially similar to provisions contained in HB 1854 (2010), HCS/HB 96 (2009) and SCS/HCS/HB 1722 (2008). (Section 161.370)

SCHOOL VIOLENCE PREVENTION PROGRAMS: This act removes a statutory reference to section 166.260, which was previously repealed. (Section 161.650)

LAPSE OF A SCHOOL DISTRICT: This act modifies procedures for the lapse of a school district that has been classified as unaccredited by the State Board of Education for two successive school years. Current law provides that the corporate organization of a school district classified as unaccredited will lapse on June 30 of the second full school year of unaccredited classification. This act allows the State Board of Education to set a date for a school district's lapse. However, the school district cannot lapse prior to June 30 of the second full school year of unaccredited classification.

When a school district lapses, current law requires the Department of Elementary and Secondary Education to conduct a public hearing in the school district to review the district's plans to return to accredited status or to offer technical assistance to the district. This act changes the focus of the public hearing to be the accreditation status of the school district in general.

When a school district lapses, the State Board of Education may allow the school board to continue governing the district under terms and conditions established by the State Board of Education.

This section is identical to SCS/HB 488 (2009) and SB 491 (2009). (Section 162.081)

REGIONAL PROFESSIONAL DEVELOPMENT CENTERS: Beginning in fiscal year 2013, the Division of School Improvement within the Department of Elementary and Secondary Education may ensure that each Regional Professional Development Center provide professional development educational assistance for fine arts.

The emphasis for fine arts assistance may be on the following: act as a resource for school districts, as described in the act; work with school districts in staff development and curriculum issues related to fine arts education; collaborate with the regional office and regional personnel; coordinate services available from other entities involved in fine arts education and fine arts integration; assist and support local school districts in providing fine arts education; and contribute to the development and implementation of in-service training that responds to the needs of arts specialists and other educators for the needs of Missouri students in the fine arts.

This act requires each regional professional development center to identify ways in which school districts can achieve efficiencies, become more cost effective, reduce costs, and reduce and minimize duplicative operations, services, and purchasing. Examples of such ways include: allowing districts to share a superintendent, allowing group purchasing of supplies, allowing group purchases of insurance, allowing group administration of support services (payroll, maintenance, human resources), and allowing group participation in a deferred compensation plan. RPDCs must provide assistance to school districts that choose to implement such measures.

These provisions are identical to provisions contained in SS/SCS/SB 734 (2010). (Sections 162.1195 & 162.1196)

FOUNDATION FORMULA MODIFICATIONS: The phase-in of the SB 287 formula will be extended through the 2016-2017 school year. The phase-in percentages for the new and old formulas are modified, as described in the act. This act contains allowances for the distribution of state aid depending on the amount of available appropriations, as described below.

This act allows the General Assembly to appropriate more funds than required by the phase-in percentages for any particular school year. In such a situation, the Department of Elementary and Secondary Education is required to adjust the phase-in percentages to accommodate appropriations in order to distribute one hundred percent of the total amount of appropriated funds.

In addition, in any school year during the phase-in in which the foundation formula appropriation is insufficient to fully fund the applicable percentages or is reduced by at least one percent from the current year appropriation by the Governor, the Department of Elementary and Secondary Education must reduce the payment amounts awarded to all school districts, including hold harmless districts. The Department of Elementary and Secondary Education must calculate a uniform proportional reduction percentage based on all available state aid to be applied to the payment amount to which all districts would otherwise be entitled under the applicable phase-in percentages.

In addition, language pertaining to the summer school penalty, which terminated at the end of the 2008-2009 school year, is repealed.

These provisions are similar to SS/SB 943 (2010). (Section 163.031)

SUMMER SCHOOL: Beginning in the 2010-2011 school year, summer school attendance that can be included in a district's average daily attendance will only include attendance hours of students exclusively in academic areas of study. Curriculum must be based on core subject areas of the regular instruction program for relevant grade levels. Each school district must verify to the Department of Elementary and Secondary Education that its summer school program conforms to these requirements. School districts may offer a summer school program that offers non-academic or enrichment activities at their own expense. In addition, no more than ten percent of a school district's weighted average daily attendance shall be derived from summer school attendance, except for any district with a free and reduced lunch population in excess of seventy-five percent. Such a district may derive up to twenty-five percent of its weighted average daily attendance from summer school attendance.

These provisions are similar to SS/SB 943 (2010). (Section 163.036)

HOMELESS CHILDREN & TRANSFER OF SCHOOL RECORDS: The act replaces the definition of "homeless children" with the federal definition when addressing residency requirements for school districts. Current law requires a school official who enrolls a nonresident pupil to request student transfer records within forty-eight hours. This act requires a school official to request all education records deemed necessary by the school official for enrollment within two business days, including IEPs and health records. All schools, including private or parochial schools must respond to the request. In addition, school districts may report or disclose education records to other state or local officials as described in the act.

These provisions are substantially similar to provisions contained in HCS/HB 96 (2009) and SCS/HCS/HB 1722 (2008). (Sections 167.020 & 167.022)

REPORTABLE OFFENSES FOR STUDENTS: When a student is found to have committed a reportable offense, the school district must provide notice of the offense to any school district or private or parochial school to which the student transfers. If the student has been certified as an adult for trial or has committed a certain crime, then the school district much attach notice to the student's disciplinary record. Expungement of school disciplinary records may occur in accordance with current law. Additional reporting offenses include burglary in the second degree, harassment, and stalking.

These provisions are substantially similar to provisions contained in HCS/HB 96 (2009). (Sections 167.023, 167.115)

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)

TRANSPORTATION OF STUDENTS: This act allows a student whose travel time by bus to a school in his or her district is more than an hour to enroll in another district's school if it takes one half the time or less to travel to the other school. Both school districts must agree to enroll the student. The state aid generated by the student would be transferred from the school district of residence to the receiving district. The state aid generated by the student would be transferred from the school district of residence to the receiving district. The receiving district may provide transportation to the student from a point within its boundaries. (Section 167.128)

TEACHER TENURE RELATING TO PRE-K TEACHERS: Current law allows certified teachers who teach at the pre-kindergarten level in a program in which no fees are charged to parents or guardians in a school district other than St. Louis City. This act allows certified teachers who teach at the pre-kindergarten level in a district other than St. Louis City who are paid on a school district salary schedule to be eligible for tenure. (Section 168.104)

PAYMENT OF TUITION TO SCHOOL DISTRICTS: This act repeals the requirement that certain school districts charge tuition to non-resident pupils who attend the school district and who are the children of teachers or employees of that school district. School boards may admit non-resident children of district teachers and employees and set a tuition fee, if any. In addition, this act repeals the prohibition on school boards charging tuition to teachers.

These sections are identical to SB 768 (2010). (Sections 167.151 & 168.151)

STUDENT EXPULSION: A school board may expel a student upon a finding that the student has been charged, convicted or pled guilty to the commission of a felony after notice to parents or others who have custodial care and after a hearing.

These provisions are substantially similar to provisions contained in HCS/HB 96 (2009) and SCS/HCS/HB 1722 (2008). (Sections 167.161 & 167.164)

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)

SUBSTITUTE TEACHER LICENSES: When issuing a substitute Missouri certificate of license to teach, no school district or the Department of Elementary and Secondary Education shall consider whether the applicant's completion of the required number of semester hours occurred at a postsecondary institution for religious or theological studies.

This section is similar to SB 997 (2010). (Section 168.017)

TEACHER REMOVAL HEARINGS IN THE ST. LOUIS CITY SCHOOL DISTRICT: 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. (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 sections contain an emergency clause. (Sections 168.500 and 168.515)

EARLY HIGH SCHOOL GRADUATION SCHOLARSHIP PROGRAM: This act creates the "Early High School Graduation Scholarship Program," to be implemented and administered by the Department of Higher Education. The Program will provide scholarships to students who graduate from public high school in Missouri in thirty-six months or less. A student who graduates from high school in no more than thirty-six months and meets other requirements as described in the act will be offered a scholarship in an amount equal to eighty percent of the school district's state aid payments divided by the district's average daily attendance for the year immediately prior to the student's graduation. The student's high school will be offered a grant in an amount equal to twenty percent of the district's state aid payments, divided by the district's average daily attendance for the year immediately preceding the student's graduation.

A student can use the scholarship for tuition, mandatory fees, or both, if attending a public or private institution of higher education in Missouri.

A scholarship recipient must use the scholarship within one year of graduating from high school. Exceptions exist for students who cannot attend an institution of higher education because of service to a nonprofit organization, a state or federal government agency, or a branch of the United States military. A scholarship recipient may seek an extension if he or she shows hardship or good cause, as described in the act.

When a scholarship recipient enrolls in a higher education institution, the institution must apply to the charges for tuition and mandatory fees the lesser of the amount of the scholarship or the actual tuition or mandatory fees.

The Department of Elementary and Secondary Education must place an amount equal to the total of the scholarship and grant amounts in the Early High School Graduation Scholarship Program Fund. The Department of Higher Education will use these funds to distribute the scholarships and grants.

The Department of Elementary and Secondary Education must confirm the student's graduation and higher education enrollment with the high school and institution of higher education, in cooperation with the Department of Higher Education.

Each public high school must provide information about the scholarship program to students and include the number and type of credits necessary to meet the program's eligibility requirements and the appropriate order in which those courses must be earned.

By January 31, 2011, the Department of Higher Education, in cooperation with the Department of Elementary and Secondary Education, must prepare a publication about the program and post it on its website.

This section is similar to SB 907 (2010). (Section 173.231)

BID REQUIREMENTS FOR ST. LOUIS CITY SCHOOL DISTRICT: Current law requires the St. Louis City school district to request bids for supplies and building projects that cost more than $5,000. This act increases that cost threshold to $15,000 before the district must solicit bids. Also, current law allows St. Louis City School Board to use its own employees on building and improvement projects without going through a bidding process if the costs of labor do not exceed $20,000. This act lowers that cost limit to $15,000. Also, upon approval of the school board, the district superintendent or another designated employee may enter directly into contracts of less than $15,000 without public letting, advertising, or bid soliciting. (Sections 177.161, 177.171)

PARENTS AS TEACHERS: This act modifies the Parents as Teachers program. If available appropriations are insufficient to fund services, the Department of Elementary and Secondary Education must direct funds to serve high need or low income individuals. School districts may charge a co-pay or fee on a sliding scale based on income and family size. The Department of Elementary and Secondary Education must annually submit, by October 1, to the Joint Committee on Education a report concerning the demographics of the individuals served by Parents as Teachers, including income level and whether the individuals are high need. (Sections 178.693 & 178.695)

MISSOURI CHILDREN'S SERVICES COMMISSION: The Missouri Children's Services Commission is required to recommend best practices for sharing agency information regarding students receiving state services by July 1, 2011.

These provisions are substantially similar to provisions contained in HCS/HB 96 (2009) and SCS/HCS/HB 1722 (2008). (Section 210.102)

This act contains an emergency clause on sections 163.410, 163.031, 163.036, 168.500, and 168.515. Section 168.221 has a delayed effective date of July 1, 2011.

MICHAEL RUFF


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