Missouri Senate

Senate Substitute

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)

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 VIOLENCE PREVENTION PROGRAMS: This act removes a statutory reference to section 166.260, which was previously repealed.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

FOUNDATION FORMULA MODIFICATIONS: The phase-in of the SB 287 formula will be extended through the 2013-2014 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.

During the phase-in, if the foundation formula appropriation is equal or greater than the fiscal year 2010 foundation formula expenditure and the previous fiscal year's appropriation but is insufficient to fully fund the applicable phase-in percentages, the Department of Elementary and Secondary Education must adjust the phase-in percentages to accommodate the total amount of available funds. If the Governor withholds funds, the reduced figure will be used.

In any school year in which the foundation formula appropriation is less than the fiscal year 2010 foundation formula expenditure; less than the previous year's foundation formula expenditure; or reduced from the current year appropriation by the Governor, as described in the act, 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. When a uniform proportional reduction in funding is calculated for school districts, as described in the act, school districts will not be required to meet the non-federal requirements of the missouri school improvement program.

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, or as specified in individual education programs. 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 or at the expense of the parent. In any year in which the foundation formula appropriation is less than the state aid expenditure for the previous year, each district's summer school average daily attendance figure must be reduced by the same percentage that the foundation formula appropriation has decreased from the previous year's state aid expenditure.

This provision is similar to SS/SB 943 (2010). (Section 163.036)

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)

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)

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)

This act contains an effective date of July 1, 2010, or upon passage or approval, whichever occurs later, for sections 163.031, 163.036, 163.410, 168.500, and 168.515.

MICHAEL RUFF

SA 1: 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)

SA 4: THIS AMENDMENT 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)

SA 5: THIS AMENDMENT REMOVES THE MODIFICATIONS MADE TO THE PARENTS AS TEACHERS PROGRAM CONTAINED IN SECTIONS 178.693 AND 178.695 IN THE BODY OF THE BILL. IN ADDITION, THIS AMENDMENT 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.