HB 1750 Modifies provisions relating to elementary and secondary education

     Handler: O'Laughlin

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 1750 - This act modifies provisions relating to elementary and secondary education.

ACCOUNTABILITY PORTAL (Section 37.850)

This act expands the information to be made accessible on the Missouri Accountability Portal to include all forms of compensation and benefits paid to or on behalf of employees and bonds issued by any public school districts and charter schools, and requires public schools to supply all such information to be made accessible on the Portal to the Office of Administration.

This provision is identical to a provision in HCS/HB 1753 (2022), substantially similar to a provision in the perfected HCS/HB 1858 (2022), and similar to a provision in HB 2359 (2022).

CORPOREAL PUNISHMENT (Section 160.261)

This act requires school districts notify parents and receive written permission before using corporal punishment. The act repeals language related to the jurisdiction of the Children's Division within the Department of Social Services and its ability to investigate reports of alleged child abuse by personnel of a school district, a teacher, or other school employee. It also repeals language related to how a school and school district are to handle reports of alleged child abuse.

This provision is identical to a provision in the truly agreed CCS#2/HCS/SS/SCS/SB 681 (2022), a provision in HCS/SS#2/SB 823 (2022), and a provision in HCS/HB 1753 (2022).

EXTENDED LEARNING OPPORTUNITIES (Section 160.565)

This act establishes the "Extended Learning Opportunities Act".

Beginning with the 2023-24 school year, the State Board of Education and each local school board shall routinely inform students and parents of the ability to earn credit through extended learning opportunities, which the act defines as out-of-classroom learning experiences approved by the Board, a school board, or a charter school to provide enrichment, career readiness skills, or other approved educational opportunities.

Board, public school, and charter school employees may assist students and parents in enrolling in such programs. Such opportunities shall not require the permission of the student's school so long as the student and at least one parent sign an agreement detailing all program requirements.

Extended learning opportunities shall count as credit toward graduation requirements and the achievement of state standards. Students shall submit a written request and proof of completion to a school administrator to receive credit.

The Board shall adopt, and each local school district shall distribute and implement, policies related to the approval of extended learning opportunities by outside entities, a list of approved entities, a process for requesting credit, criteria for the approval of extended learning opportunities by districts and charter schools, and criteria for awarding a certificate of completion and credit.

Entities approved by the Board shall be qualified to offer extended learning opportunities for all districts and charter schools.

A student awarded a certificate of completion and credit shall be considered to have completed all coursework for the particular course of study. Opportunities that satisfy all required coursework for a high school course shall count toward credit for graduation.

Policies and procedures adopted by the Board and by schools shall provide students an equal opportunity to participate in extended learning opportunities and shall satisfy existing timelines and requirements for transcribing and reporting credits.

This provision is similar to a provision in HCS/HB 1753 (2022), SCS/HB 1856 (2022), SCS/SB 1051 (2022), and a provision in the re-perfected HB 2325 (2022).

SCHOOL INNOVATION WAIVERS (Section 161.214)

Under this act, a school innovation team, which shall mean a group of persons representing certain schools as set forth in the act, may submit a state innovation waiver plan to the State Board of Education for certain purposes, including improving student readiness for employment, higher education, vocational training, technical training, or any other form of career and job training; increasing the compensation of teachers; or improving the recruitment, retention, training, preparation, or professional development of teachers.

The Board may grant school innovation waivers to exempt schools from requirements imposed by current law, or from any regulations promulgated by the Board or the Department of Elementary and Secondary Education. If a school innovation waiver is granted to a school district or group of school districts, the waiver shall be applicable to every elementary and secondary school within the school district or group of school districts unless the plan specifically provides otherwise.

Any plan for a school innovation waiver shall contain certain information as described in the act, including the specific provision of law for which a waiver is being requested and an explanation for why such provision of law inhibits the goal stated in the plan. The plan shall also demonstrate that the intent of the law can be addressed in a more effective, efficient, or economical manner and that the waiver or modification is necessary to implement the plan.

In evaluating a plan submitted by a school innovation team, the Board shall consider whether the plan meets certain criteria set forth in the act. The Board may propose modifications to the plan in cooperation with the school innovation team.

Any waiver granted under this act shall be effective for no longer than three school years, but school innovation waivers may be renewed. No more than one school innovation waiver shall be in effect with respect to any one elementary or secondary school at one time.

The State Board shall not authorize the waiver of any statutory requirements relating to teacher certification, teacher tenure, or any requirement imposed by federal law.

These provisions are substantially similar to provisions in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022), and SB 1009 (2022), and similar to the perfected HCS/HB 2152 (2022).

SCHOOL BOARD COMMUNITY ENGAGEMENT POLICY (Section 162.058)

Before July 1, 2023, school districts and charter schools shall adopt a community engagement policy based on community input that provides residents a method of communicating with the governing board of the school district or charter school. The policy creates a process for items related to educational matters to be added to the board agenda. The policy components are set forth in the act.

This provision is identical to a provision in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022) and a provision in HCS/HB 1753 (2022).

SCHOOL BOARD DISTRICTS (Sections 162.261-162.563)

This act allows for any seven-director school district or an urban district to be divided into subdistricts, or a combination of subdistricts and at-large districts, and provides for the process for the election of subdistrict board members.

The act allows for the division process to be submitted to a vote of the district either by a majority vote of the school board or by an initiative petition signed by 10% of the number of votes cast in the most recent school board election. If the ballot measure to divide the district is passed, the act provides direction on conducting public hearings and the final development of plans to carryout the division of the district. The required details of the plan proposal are outlined in the act. Subdistricts shall be of contiguous and compact territory and as nearly equal in population as practicable.

The act contains appeal language for any resident of the district that objects to the division of the district by the election authority, and prevents any district that votes to divide from making changes for five years after the division.

The act prohibits school districts from requiring signatures on a petition as a method of filing for a school board candidate.

These provisions are identical to provisions in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022), provisions in HCS/HB 1753 (2022), and HB 1804 (2022).

GIFTED STUDENTS (Section 162.720)

This act requires that by July 1, 2024, school districts establish a state-approved gifted program if 3% or more of the students are identified as gifted. By July 1, 2024, district schools with an average daily attendance of more than 350 students are required to have a teacher certificated to teach gifted education.

In districts with an average daily attendance of 350 or less any teacher providing gifted instruction shall not be required to be certified to teach gifted education but must participate in six hours per year of professional development regarding gifted services and the expense of the training will be paid by the school district.

This provision is identical to a provision in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022), the perfected HB 2366 (2022), and a provision in HCS/HB 1753 (2022), and is similar to SB 806 (2022), SCS/SB 151 (2021), provisions in the perfected HS/HCS/HB 306 (2021), and SB 645 (2020).

BURDEN OF PROOF (Section 162.961)

This act requires that for hearing for children with disabilities, the burden of proof and the burden of production shall be on the school district regarding any matter related to identification, evaluation, reevaluation, classification, educational placement, disciplinary action, or the provision of free appropriate public education.

This provision is identical to HB 2010 (2022) and to a provision in HCS/HB 1753 (2022).

SPECIAL EDUCATION REIMBURSEMENT (Section 162.974)

Currently, the Department of Elementary and Secondary Education (DESE) will reimburse school districts for the costs of special education for high-needs children with an Individualized Education Program (IEP) exceeding three times the current expenditure per average daily attendance as calculated on the District Annual Secretary of the Board Report for the year in which the expenditures are claimed. This act states that any money reimbursed to a school district with 500 or fewer students is excluded from such calculation.

This act specifies that a school district shall submit the cost of serving any high-needs student with an IEP to DESE.

This provision is identical to HB 1469 (2022), a provision in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022), and a provision in HCS/HB 1753 (2022).

SCHOOL DISTRICT RESIDENCY TUITION WAIVER (Section 167.151)

This act allows, beginning July 1, 2023, any person or a beneficiary of a trust that owns residential or agricultural real property in any school district, and pays a school tax of at least $3,000 in that district and owned property for at least three years, to send up to four children to that district without a tuition payment, upon notification to the district at least 30 days prior to enrollment, and the district shall count that child for the districts average daily attendance.

This provision is substantially similar to a provision in the perfected HCS/HB 1814 (2022) and to a provision in SB 1010 (2022) and similar to a provision in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022).

TEACHER CERTIFICATES (Section 168.021)

This act expands on the current licensing process for the visiting scholars teacher certification by allowing individuals to obtain a certification to teach if they are employed by a district as part of an initiative designed to fill vacant positions in hard-to-staff schools or subject areas.

The act allows provisionally certified teachers an alternative route to achieve their full professional certification beyond the qualifying score on a designated exam, the details of the alternative route are included in the act.

This provision is identical to HCS/HB 1928 (2022), a provision in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022), and a provision in HCS/HB 1753 (2022).

SUBSTITUTE TEACHER CERTIFICATION (Section 168.036)

This act provides a four year certificate for individuals that want to substitute teach. Applicants for certification must complete a background check and also have at least 36 college hours or have completed a 20 hour online training, individuals must also have a high school diploma or equivalence. An alternative route to certification is provided for qualified individuals with technical or business expertise or Armed Forces experience and a superintendent sponsorship. Until June 30, 2025 this act allows retired teachers that have a substitute certification to substitute part-time or as a temporary substitute and not have those hours and salary effect their retirement allowance. Substitute certificates will expire if the individual fails to substitute teach for at least five days or 40 hours in a calendar year, and no individual under 20 years old may substitute in grades nine-12.

The act also requires that the DESE develop and maintain an online substitute training program with 20 hours of training related to subjects appropriate for substitute teaching, and authorizes school districts to develop district specific orientations lasting two hours.

The act provides substitute teachers beginning January 1, 2023 that apply for a fingerprint background check the opportunity to submit the results to up to five different school districts for a specified fee.

This provision has an emergency clause.

This provision is identical to a provision in SCS/HCS/HB 2304 (2022), a provision in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022), and to a provision in HCS/HB 1753 (2022).

SUBSTITUTE TEACHING SURVEY (Section 168.037)

The act adds a web based survey to be developed and maintained by DESE that will collect information from substitutes at the end of each day of teaching. Districts will provide links to substitute teachers to access the survey, which will contain questions regarding the support and interaction with school staff, student health and safety issues, among other relevant questions. The act requires that school districts and charter schools annually provide DESE with information relating to substitute teaching as outlined.

This provision is identical to a provision in SCS/HCS/HB 2304 (2022), a provision in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022), and to a provision in HCS/HB 1753 (2022).

SCHOOL DISTRICT SUPERINTENDENT SHARING (Section 168.205)

Beginning July, 1 2023, this act allows a school district that enters into an agreement with another district to share a superintendent to receive an additional $30,000 per year in state aid for up to five years. The act directs districts to spend the additional compensation and half of the savings from sharing a superintendent on teacher salaries or counseling services.

This provision is identical to a provision in HCS/HB 1753 (2022), HB 1721 (2022), and a provision in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022).

CURSIVE INSTRUCTION (Section 170.025)

This act requires school districts to provide instruction in cursive writing by the end of the fifth grade, including a proficiency test of competency in reading and writing cursive.

This provision is identical to a provision in HCS/HB 1753 (2022), a provision in HCS/HB 1908 (2022), and HB 2073 (2022).

SCHOOL INCLEMENT WEATHER POLICY (Section 171.033)

Beginning with the 2022-2023 school term, a school district's half day education program shall only make up days or hours of school that are required of the district due to inclement weather on a proportional basis.

This provision is identical to a provision in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022) and HCS/HB 1753 (2022).

SCHOOL TRANSPORTATION (Section 302.010 & 304.060)

This act modifies the definition of "school bus" to include the requirement that the bus must be designed to carry more than 10 people. School districts are authorized to use other motor vehicles for the purpose of transporting school children. The SBE may adopt rules and regulations governing the use of the other motor vehicles, but not vehicles operating under the authority of the Department of Revenue's Transportation Network Provision.

These provisions are identical to provisions in HCS/HB 1753 (2022), similar to provisions in the truly agreed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022), provisions in SCS/HB 2202 (2022), provisions in SCS/HCS/HB 2304 (2022), and provisions in SCS/SB 958 (2022).

JAMIE ANDREWS


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