THE USE OF PUBLIC FUNDS BY SCHOOL DISTRICTS OR SCHOOL DISTRICT EMPLOYEES IN ELECTIONS (Section 115.646)

This act prohibits the contribution or expenditure of public funds by any officer, employee, or agent of any political subdivision, including any school district or charter school, to:

• Support or oppose the nomination or election of any candidate for public office;

• Support or oppose the passage or defeat of any ballot measure;

• Direct any public funds to any committee supporting or opposing candidates or ballot measures; or

• Pay any debts or obligations of any committee previously supporting or opposing such ballot measures or candidates.

Any purposeful violation of this act is punishable as a class four election offense.

This provision is identical to a provision in TAT/SS/SCS/HCS/HB 1854 (2020), as amended, and similar to SB 802 (2020).

SECLUSION AND RESTRAINT POLICIES IN PUBLIC SCHOOLS (Section 160.263)

Under current law, a school discipline policy shall prohibit confining a student in an unattended, locked space except for an emergency situation while awaiting the law enforcement personnel.

Under this act, the school discipline policy shall reserve confining a student in seclusion for situations or conditions in which there is imminent danger of physical harm to self or others. "Seclusion" shall mean the involuntary confinement of a student alone or in a room or area that the student is physically prevented from leaving. "Seclusion" shall not include a timeout, in-school suspension, or detention.

Current law requires the local board of education of each school district to adopt a written policy that comprehensively addresses the use of restrictive behavioral interventions as a form of discipline or behavior management technique. Under this act, prior to July 1, 2021, each written policy shall be updated to state that the school district, charter school, or publicly contracted private provider will reserve restraint or seclusion for situations or conditions in which there is imminent danger of physical harm to self or others. Each school district, charter school, and publicly contracted private provider shall also ensure that the policy includes certain requirements set forth in the act.

The Department of Elementary and Secondary Education shall compile and maintain all incidents reported under this act, in the Department's core data system, and shall make such data available on the Missouri comprehensive data system. No personally identifiable data shall be accessible on the database.

This provision is identical to HCS#2/HB 1568 (2020) and HCS/SS/SCS/SB 528 (2020), and is similar to HB 1569 (2020).

RECOVERY CHARTER HIGH SCHOOLS (Section 160.400, 160.410, 160.415)

Under this act, a recovery charter high school may be operated in an urban school district containing most or all of Kansas City.

This act defines a "recovery charter high school" as a charter school providing instruction on site for students in grades nine through twelve who are in recovery from substance use disorder or dependency. A student attending a recovery charter high school shall not enroll as a full-time equivalent student in the virtual school program. Such charter school must educate all available eligible students who are in recovery from substance use disorder or substance dependency, or such a condition along with co-occurring disorders such as anxiety, depression, and attention deficit hyperactivity disorder (ADHD); must meet state requirements for awarding a high school diploma; and must support students in working a strong program of recovery.

Any proposed charter for a recovery charter high school shall first be submitted to the Kansas City Public school district, who shall have 90 days to approve or deny the proposed charter. If the school district denies the proposed charter, such proposed charter may be submitted to any entity that qualifies as a not-for-profit organization.

A recovery charter high school shall enroll all pupils in the district in which it operates; nonresident pupils eligible to attend a district's school under an urban voluntary transfer program; nonresident pupils who transfer from an unaccredited district; and any nonresident pupil, who is in recovery from substance use disorder or substance dependency, or such a condition along with co-occurring disorders. Admission shall be limited to pupils who are in recovery from substance use disorder or substance dependency, or such condition along with co-occurring disorders.

A recovery charter high school may enroll students residing in a state other than Missouri, provided such student is in recovery from substance use disorder or substance dependency, or such condition along with co-occuring disorders set forth in the act. This act grants the Department of Elementary and Secondary Education the authority to enter into agreements with other states to develop a reciprocity agreement for students seeking to attend a recovery charter high school in Missouri. The out-of-state student's district of residence shall pay to the recovery charter high school an annual amount equal to 105% of the previous year's per pupil expenditure in the Kansas City school district, as reported on the annual Secretary of the Board Report, and the student shall not be included in Missouri's count of average daily attendance.

If an out-of-state student resides in a state that is not subject to a reciprocity agreement, such student may attend a recovery charter high school provided such student pays to the school 105% of the previous year's per pupil expenditure in the Kansas City school district, as reported on the annual Secretary of the Board Report.

Under this act, if a recovery charter high school that has not declared itself as a local educational agency has one or more nonresident pupils, the nonresident pupils shall not be counted for purposes of determining state aid. Each school district that has one or more of its resident pupils attending such a charter school shall pay to the charter school, for each such pupil, 100% of its average per-pupil expenditure, excluding interest payments and grants.

If a recovery charter high school that has declared itself a local educational agency has one or more nonresident pupils, the Department of Elementary and Secondary Education shall reimburse such charter school an amount set forth in the act. Each school district that has one or more of its resident pupils attending such a charter school as a nonresident pupil shall pay to the charter school, for each student, 100% of the resident district's average per-pupil expenditure.

Upon notice of the charter school's declaration of local educational agency status, the Department shall reduce the payment made to the school district in which the charter school is located by the amount set forth in the act, and pay such amount directly to the charter school, rather than to the school district.

This act also permits charter schools to receive payments from school districts.

These provisions are substantially similar to to SS/SCS/SB 525 (2020) and are similar to HB 1487 (2020).

RECORDINGS OF CERTAIN MEETINGS (Section 162.686)

Under this act, no school district or charter school shall prohibit a parent or legal guardian of a student from audio recording any meeting held under the federal Individuals with Disabilities Education Act (IDEA), or the federal Rehabilitation Act of 1973.

Any audio recording make by a parent or legal guardian shall be the property of the parent or guardian, and shall not be considered to be a public record.

School districts and charter schools shall not require parents to notify the school district or charter school of such parent's intent to record a meeting more than 24 hours in advance.

No school district or charter school employee who reports any violation of this act shall be subject to discharge, retaliation, or any other adverse employment action for making such report.

This provision is identical to SB 1022 (2020), a provision contained in SCS/SB 645 (2020), HCS/SS/SCS/SB 528 (2020), and HB 1317 (2020).

GIFTED STUDENTS (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, this provision shall apply to all school years ending on or before June 30, 2022.

Under this act, beginning July 1, 2022, 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 provision is identical to a provision contained in SCS/SB 645 (2020), HCS/SS/SCS/SB 528 (2020), and is substantially similar to HB 1317 (2020), HB 112 (2019), HCS/SS/SB 218 (2019), and is similar to HB 136 (2019), HB 1435 (2018) and HB 1030 (2017).

REIMBURSEMENT FOR HIGH-NEEDS STUDENTS (Section 162.974)

Under current law, the Department of Elementary and Secondary Education shall reimburse school districts for the educational costs of high-needs children with an Individualized Education Program (IEP) exceeding three times the current expenditure per average daily attendance (ADA) as calculated on the district annual secretary of the board report for the year in which the expenditures are claimed.

Under this act, for any school district with an average daily attendance of 500 students or fewer, the calculation of three times the current expenditure per ADA shall not include any money reimbursed to a school district under the act.

This provision identical to HB 2544 (2020), HCS/SS/SCS/SB 528 (2020), and is substantially similar to HCS/HB 957 (2019).

COMPETENCY-BASED CREDITS (Section 162.1255)

Under this act, school districts and charter schools shall receive state school funding under the foundation formula for high school students who are taking competency-based courses offered by their school district or charter school.

Attendance of a student enrolled in a competency-based course shall equal the product of the district or charter school's prior year average attendance percentage multiplied by the total number of attendance hours normally allocable to a non-competency-based course of equal credit value.

This act is identical to SB 582 (2020) and SCS/SB 445 (2019).

CALCULATION OF LOCAL EFFORT IN IRON COUNTY (Section 163.024)

Under this act, no moneys received in the Iron County School Fund from the payment of any penalty under the administrative order set forth in the act issued by the Department of Natural Resources shall be included in such school district's local effort calculation.

This provision is identical to HCS/HB 1817 (2020), HCS/SS/SCS/SB 528 (2020), HCS/SS/SCS/SB 570 (2020), HCS/SS/SCS/SB 594 (2020), HCS/SCS/SB 617 (2020), and HCS/SCS/SB 725 (2020).

MISSOURI EDUCATION SAVINGS PROGRAM (Sections 166.400, 166.410, 166.415, 166.420, 166.425, 166.435, and 166.440)

Under this act, the "Missouri Education Savings Program" shall be known as the "Missouri Education Program".

This act modifies the definition of "eligible educational institution" to include all eligible educational institutions, rather than just institutions of postsecondary education.

These provisions are similar to provisions contained in HCS/HB 2068 (2020) and HCS/HB 2261 (2020).

STUDENT SUSPENSION APPEALS (Section 167.171)

Current law sets forth the duties of a superintendent in regards to the suspension of a student.

Under this act, a superintendent's designee may perform such duties, including the ability to revoke a principal's suspension, the transmitting of a report to the school board setting forth the facts relating to the suspension, and the action taken by the superintendent or the superintendent's designee.

This provision is identical to HB 1867 (2020).

READING SUCCESS PLANS (Sections 167.263, 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 shall meet the needs of the student by ensuring that instruction is explicit and systematic and diagnostic, and based on certain elements set forth in the act. The guidelines shall emphasize that frequent assessments are necessary to measure student progress.

Each local school district and charter school is required to include individual and small group reading development activities in an individual pupil's reading success plan. 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 to students receiving services under the Rehabilitation Act of 1973 whose services plan includes an element addressing reading.

This act repeals 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 45 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 2021-2022 school year, students who are not reading at grade level by the end of the second grade shall receive appropriate 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 reading intervention for any student not reading proficient or above on a local third-grade reading assessment in the child's third-grade year, or at proficient or above in the child's subsequent grade level starting in the fourth grade, and who has a reading success plan, and shall meet certain criteria set forth in the act.

The mandatory process of additional instruction 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. Appropriate documentation of a student's reading success plan shall be provided to an enrolling district within 10 school days of a student's transfer to a public or charter school.

This act repeals the provision requiring the permanent record of students determined to be reading below the fifth-grade level at the end of sixth grade to carry a notation that the student has not met minimal reading standards, and the requirement that such notation shall stay on the record until such standards are met.

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.

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 permits the State Board of Education to recommend that institutions of higher education and the Department align with literacy and reading instruction course work with knowledge and practice standards from the Center for Effective Reading Instruction.

These provisions are identical to SB 966 (2020), HB 2470 (2020), are substantially similar to HB 1336 (2020), and are similar to SCS/SB 349 (2019), HCS/SS/SB 218 (2019), SB 73 (2019), HCS/HB 464 (2019), HCS/SCS/SB 949 (2018), and HB 1417 (2018).

STUDENT RETENTION IN SCHOOLS (Section 167.730)

Under this act, beginning July 1, 2021, every public school in the St. Louis City school district, including charter schools, shall be required to use a response-to-intervention tiered approach to reading instruction for students determined by their school to be struggling readers. At a minimum, the reading levels of students in kindergarten through tenth grade shall be assessed at the beginning and middle of the school year. Students who score below district objectives for reading shall be provided with intensive, systemic reading instruction.

Beginning on January 1, 2021, and each January thereafter, each public school in the St. Louis City school district, including charter schools, must prepare a personalized learning plan for any kindergarten or first grade student whose most recent school-wide reading assessment result shows the student is below grade level. Certain exceptions exist from this requirement. For any student with a personalized learning plan, the student's main teacher must consult with the student's parent or guardian about the plan and must have consent to implement it. If a student is still performing below grade level through the end of the first grade year, the school must refer him or her for assessment to determine if an individualized education program (IEP) is necessary. If an IEP is not necessary, the personalized learning plan must remain in place until the student is at grade level.

Any student who is not reading at the second grade level by the end of second grade may be promoted to third grade only if: the school provides additional reading instruction during the summer and demonstrates the student is ready for third grade at the end of summer school; if the school provides a "looping" classroom in which the student remains with the same teacher for multiple years and the student is not reading at the third grade level by the end of third grade, the student must be retained; or the student's parents or guardians may sign a notice that they prefer to have the student promoted except that the school will have final determination to retain.

The St. Louis City school district and each charter school located in it must provide in the annual school accountability report card the numbers and percentages by grade of any students at grade level who have been promoted but who have been determined as reading below grade level.

This provision is identical to SB 626 (2020), a provision in SB 255 (2017) and is similar to provisions in SB 23 (2017), SB 58 (2017), SB 633 (2016), SB 22 (2015), and SB 49 (2015), and is substantially similar to HB 511 (2011) and HB 2214 (2010).

PARTICIPATION OF HOME SCHOOL STUDENTS IN PUBLIC SCHOOL ACTIVITIES (Section 167.790)

Under this act, school districts shall not receive funding under the foundation formula if such district develops a policy, or is a member of, or remits any funds to, any statewide activities association that prohibits a home school student or full-time equivalent virtual school student from participating in any event or activity offered by the school district, or requires a home school student or full-time equivalent virtual school student to attend the public school for any portion of a school day in order to participate in any event or activity. This provision shall not apply if a specific class is required for the participation and is directly related to the participation in an association activity, or in a club, extracurricular activity, or sport.

The Department of Elementary and Secondary Education is required to withhold payments to districts in violation of this act until such district proves to the State Board of Education that the school district has ceased membership in the organization.

This act further provides that a statewide activities association shall not prohibit or restrict any school district that is a member of the association from participating in any events authorized or regulated by the association with any school that is not a member of the association.

This provision is identical to SCS/SB 875 (2020), HCS/SS/SCS/SB 528 (2020), and is substantially similar to HCS/HB 2273 (2020) and SB 130 (2019).

SCHOOL DISTRICT SUPERINTENDENT SHARING (Section 168.205)

Current law permits two or more school districts to share a superintendent. Under this act, beginning July 1, 2021, subject to appropriation, a school district that enters into an agreement with another school district to share a superintendent shall receive an additional $30,000 from the Department of Elementary and Secondary Education. Such amount shall be in addition to, and shall not be included in, any calculation of state aid.

In order to receive the additional $30,000, the school district shall provide proof to the Department that the school district will use all of the additional funds and at least half of the amount saved as a result of participating in sharing a superintendent to compensate teachers or provide counseling services.

No school district that receives additional funding under this act shall receive such funding for more than five years.

This provision is identical to HB 1903 (2020), HCS/SS/SCS/SB 528 (2020), and is similar to HB 2717 (2020).

STATEWIDE MISSION FOR SOUTHEAST MISSOURI STATE UNIVERSITY (Sections 174.281, and 174.453)

Under this act, Southeast Missouri State University is designated and shall be operated as an institution with a statewide mission in the visual and performing arts, computer science, and cybersecurity.

This act also sets forth the makeup of the Board of Governors for Southeast Missouri State University.

These provisions is identical to HCS/HB 2151 (2020), and is substantially similar to SB 910 (2020), and is similar to HCS/SS/SCS/SB 528 (2020).

STATEWIDE MISSION FOR HARRIS-STOWE UNIVERSITY (Section 174.290)

This act provides that Harris-Stowe University shall have a statewide mission designation in science, technology, engineering, and mathematics (STEM).

This provision is similar to SCR 44 (2020).

MISSOURI WESTERN STATE UNIVERSITY'S BOARD OF GOVERNORS (Section 174.453)

This act repeals provisions of current law setting forth the requirement that two of the eight voting members of the Board of Governors for Missouri Western State University be selected from any of the counties in the state outside of the counties set forth under current law.

This act also removes the cap on the number of members that may be appointed from any one county.

JOSIE BUTLER