SB 411
Creates and modifies provisions relating to elementary and secondary education
Sponsor:
LR Number:
1641H.15C
Last Action:
5/12/2023 - H Calendar Senate Bills for Third Reading w/HCS (In Fiscal Review)
Journal Page:
Title:
HCS SS SCS SBs 411 & 230
Effective Date:
August 28, 2023
House Handler:

Current Bill Summary

HCS/SS/SCS/SBs 411 & 230 - This act establishes provisions relating to elementary and secondary education.

FOUR-DAY SCHOOL WEEK (Sections 160.011, 160.041, 163.021, 171.028, 171.031, and 171.033)

The act provides that school districts located wholly or partially in charter counties or cities with more than 30,000 inhabitants may adopt a four-day school week in lieu of a five-day school week for a period of ten years and only by submitting to the qualified voters of the school district a ballot measure authorizing the same. The act modifies current provisions of law relating to the minimum school term and school day by requiring schools with a five-day week to have a minimum school term that consists of 168 school days instead of 174 school days and specifying that districts with a four-day school week shall have a minimum of 142 school days. If a school district has a collective bargaining agreement in effect on August 28, 2023 that conflicts with these provisions, the collective bargaining agreement shall govern until the agreement's expiration date.

The act also repeals a provision of current law that no public school district shall select an earlier start date than fourteen calendar days prior to the first Monday in September.

HEALTH AND FAMILY EDUCATION (Section 160.527)

This act defines "health and family education" and requires that the current 1/2 credit hour of health education be renamed as "Health and Family Education" for the 2024-25 school year and all subsequent school years. The act further requires that the State Board of Education convene a work group to develop academic performance standards relating to health and family education. The work group shall include educators, representatives from the Department of Elementary and Secondary Education, and nonprofit organizations with a focus on public health, parenting, and social services. The State Board of Education shall adopt and implement the health and family education performance standards for the 2024-25 school year and each subsequent school year. This provision is identical to HCS/SB 122 (2023) and a provision in SS/HB 447 (2023), substantially similar to HCS/HB 883 (2023), and similar to SB 381 (2023) and HB 2916 (2022).

MISSOURI CHILDHOOD HERO ACT (Section 160.771)

The act requires school districts to adopt a policy to address bullying and school discipline. Such policy shall contain a statement that the school prohibits, does not have, and will not adopt a zero-tolerance disciplinary policy that requires disciplinary measures against a pupil who is a victim of bullying or school violence, or who intervenes on behalf of a pupil who is a victim of bullying or school violence. This provision is identical to a provision in HCS/SS#2/SCS/SBs 4, 42 & 89 (2023) and to HB 1087 (2023).

ADULT HIGH SCHOOLS (Sections 160.2705, 160.2720, and 160.2725)

Currently, the Department of Elementary and Secondary Education is required to authorize the operation of four adult high schools across the state. This act transfers such authority to the Department of Social Services. In addition, the Department of Social Services shall authorize a fifth adult high school to be located in Jackson County or an adjacent county.

The Department of Social Services shall administer funding to the adult high schools subject to appropriations. For the existing adult high schools, the Department shall maintain authorization for the nonprofit organizations to operate the high schools, provided that no more than one organization may be authorized to operate an adult high school in each of the current four locations. An organization may establish satellite campuses for any adult high school it is authorized to operate.

By January 1, 2024, the Department shall select a Missouri-based nonprofit organization to operate the fifth adult high school, provided the organization meets current legal requirements and demonstrates the ability to commit at least $500,000, rather than $2 million, for the necessary infrastructure to establish the school. The act also provides that such organization must limit the administrative fee to no more than ten percent.

Finally, each nonprofit organization must submit an annual report to the Department of Social Services in addition to other entities as provided in current law.

These provisions are identical to SB 199 (2023) and similar to provisions in SS/SCS/HCS/HB 417 (2023), in SS/HB 447 (2023), and to HB 1183 (2023).

STEM CAREER AWARENESS (Section 161.264)

This act creates the "STEM Career Awareness Activity Fund" for the purpose of establishing a science, technology, engineering, and mathematics (STEM) activity program for students in grades nine through twelve. Under the act, the Department of Elementary and Secondary Education (DESE) shall select a provider to deliver a teacher-led program that involves facilitating a cohort of students to conduct STEM activities at state, national, or international competitions. DESE shall select a provider that presents data demonstrating the effectiveness of the program as defined in the act. DESE shall begin soliciting applications from providers by January 1, 2024, and select a provider by March 1, 2024. This provision is substantially similar to SB 535 (2023), HB 887 (2023), and HCS/HB 502 (2023).

INDIVIDUALIZED EDUCATION PROGRAMS (Section 161.854)

Under the act, each local educational agency (LEA) shall obtain written parental consent for certain placements, removals, additions, changes, or reductions of services in the individualized education program (IEP) of a child with disabilities, as outlined in the act. An LEA shall maintain certain documentation specified in the act relating to IEPs. If parents fail to agree with an LEA on their child's IEP, but do agree on certain IEP services, the child's current agreed-upon IEP shall be amended to include such areas of agreement until the areas of disagreement are resolved. The act provides that parents shall have the right to visit any program or classroom proposed for their child before consenting to IEP changes. Such visit shall be scheduled before or after regular school hours.

The act requires the Department of Elementary and Secondary Education to adopt a parental consent form that each LEA shall use for any action related to a child's IEP. The act outlines certain information that shall be included on the form, such as a statement that the parent is a participant of the child's IEP team and has the right to consent or refuse consent to the actions proposed by the IEP team or the LEA. An LEA shall not proceed with implementing a child's IEP without parental consent, except under certain circumstances specified in the act.

This provision is identical to a provision in HCS/HB 1163 (2023) and similar to a provision in HCS/HB 2011 (2022) and HCS/HB 1753 (2022).

FLEX SCHOOLS (Sections 161.670, 162.996, 162.1250, 166.700, 167.031, 167.061, 167.600, 167.619, 210.167, 210.211, 211.031, 452.375, and 167.071)

The act defines a "Family-Led Educational eXperience (FLEX) school" or "FLEX school" as a school that meets certain criteria that also apply to home schools, except that a FLEX school may enroll students who participate in the Missouri Empowerment Scholarship Accounts Program or activities offered by a public school district. The definition of "home school" is modified to exclude students who participate in such Program or activities. The act modifies certain provisions of law to include FLEX schools in provisions that also apply to home schools. The act also modifies the definition of "qualified schools" in provisions relating to the Missouri Empowerment Scholarship Accounts Program to include FLEX schools instead of home schools. However, any state laws or regulations that apply to the Empowerment Scholarship Accounts Program shall not apply to FLEX school students who do not participate in such program. The act specifies that no state agency shall have regulatory oversight or rulemaking authority over FLEX schools unless such oversight or authority is specifically delegated under state law.

Public schools, state agencies and employees, and certain private entities shall not refer to FLEX schools or to publicly funded programs, including but not limited to virtual school programs, as "home schooling". Additionally, public schools, state agencies and employees, and certain private entities shall not refer to students who are enrolled in an attendance center of a public school district, including full-time virtual school programs, students who receive education funding from the state of Missouri, or students who participate in the Missouri Empowerment Scholarship Accounts Program, as "home schooled" students.

SCHOOL BOARD VACANCIES (Sections 162.471, 162.492, and 162.611)

Under current law, any vacancy on an urban school board shall be filled by special election. Under this act, the remaining members of the board shall fill any such vacancy by appointment until the next school board election. These provisions are identical to HB 914 (2023) and provisions in HCS/SS#2/SCS/SBs 4, 42 & 89 (2023), in CCS/HS/HCS/SS#2/SCS/SB 96 (2023), in HCS/SB 155 (2023), in HCS/HB 497, and in HB 716 (2023).

Current law also provides that any vacancy that occurs on the City of St. Louis school board outside of the normal election cycle shall be filled by appointment by the mayor for the remainder of the term. Under this act, the City of St. Louis school board shall fill any such vacancy by appointment for the remainder of the term. This provision is identical to SB 363 (2023) and is substantially similar to provisions in HCS/SS#2/SCS/SBs 4, 42 & 89 (2023), in HCS/SB 155 (2023), in HCS/HB 497 (2023), and in HB 716 (2023).

EDUCATIONAL FUNDING FOR STUDENTS BEING TREATED IN A RESIDENTIAL CARE FACILITY (Sections 163.063 and 167.126)

This act provides that, for purposes of calculating state and federal aid payments, if a child is admitted to a residential care facility as a result of a placement by the Department of Mental Health, the Department of Social Services, or a court of competent jurisdiction, and if such residential care facility is located in a different school district from the one in which the child is domiciled, the child shall continue to be included in the enrollment of the school district in which the child was domiciled prior to being placed in the facility. Any educational costs incurred by a residential care facility that are not remitted under the act may be reimbursed as provided under current law.

When a child's school district of residence, other than the district of domicile, provides educational services while the child temporarily resides in a psychiatric residential treatment facility for more than three days, the district of domicile shall remit to the district of residence an amount equal to the average per-pupil sum produced by the local tax effort of the district of domicile. In cases where the Department of Mental Health or the Department of Social Services places a child in a psychiatric residential treatment facility, the child's district of residence may receive from the Department of Elementary and Secondary Education an amount equal to the sum by which the per-pupil costs of educational services provided to the child exceeds the amount received from the domiciliary district, subject to appropriation.

These provisions are similar to provisions in HCS/SS/SB 198 (2023), in SB 422 (2023), in SB 603 (2023), in SS/HB 447 (2023), in HCS/HB 715 (2023), and in HB 716 (2023).

FOSTER CHILD ENROLLMENT (Section 167.019)

In the event that a best interest determination is not completed within 10 days of a child's placement in foster care, the determination shall be that it is in the best interest of the child to enroll in the district where the child resides as a result of the placement. This provision is similar to provisions in HCS/SS/SB 198 (2023) and in SS/HB 447 (2023).

SPECIAL EDUCATION RECORDS (Section 167.027)

Under the act, a student's most recent special education record shall be deemed a permanent record and shall be maintained as a part of such child's cumulative scholastic record. A "student special education record" is defined as including a student's individualized education program, individualized family service plan, 504 plan, and any other records produced for a child with disabilities under the federal law. A school district shall not destroy a student's most recent special education record.

This provision is identical to HB 1289 (2023) and to provisions in HB 716 (2023) and in HCS/HB 1163 (2023).

COMPULSORY SCHOOL ATTENDANCE (Section 167.031)

The act provides that a child may be excused from attendance at school if the child is unable to attend school due to mental or behavioral health concerns, provided that the school receives documentation from a mental health professional. This provision is identical to a provision in HCS/SB 122 (2023) and similar to a provision in HB 1217 (2023).

DECLARATIONS OF INTENT TO HOME SCHOOL (Section 167.042)

The act repeals provisions authorizing parents to submit a written declaration of intent to home school their child to the recorder of deeds of the county where the child legally resides or to the superintendent of the public school district where the child legally resides.

SCHOOL ATTENDANCE OFFICERS (Section 167.071)

The act repeals provisions authorizing a seven-director school district to appoint a school attendance officer who has the powers of a deputy sheriff and may investigate claims of violations of the compulsory attendance law and arrest truant juveniles without a warrant.

PARTICIPATION IN PUBLIC SCHOOL ACTIVITIES (Section 167.790)

The act provides that a school district shall not prohibit a student receiving instruction at a FLEX school or a full-time virtual school from participating in any event or activity offered by the school district or require such student to take any class in order to participate in such event or activity. The act further provides that a school district shall not be a member of, or remit any funds to, a statewide activities association that prohibits a student receiving instruction at a FLEX school or a full-time virtual school from participating in any event or activity offered by the school district in which the student resides or that requires such students to take any class in order to participate in such event or activity. Additionally, a statewide activities association shall not prohibit any member school district from participating in any event with a school that is not a member of the association.

The act outlines certain criteria that FLEX school and virtual school students shall satisfy in order to be eligible to participate in public school activities in their district of residence. Such students shall provide proof of residency in the district where they wish to participate in public school activities and adhere to the same behavior, responsibility, performance, and code conduct standards as students enrolled in the district.

A school district may establish an attendance policy for any rehearsals, practice sessions, and training sessions that are directly related to and required for participation in an event or activity. However, school disciplinary policies and attendance policies shall be applied in the same manner to all students who participate in an event or activity. A school district shall not establish a separate disciplinary or attendance policy for students who receive instruction at a FLEX school or a full-time virtual school.

If a student whose academic performance or disciplinary status would preclude such student from eligibility to participate in extracurricular events or activities in the resident school district disenrolls from such school district in order to receive instruction in a FLEX school or a full-time virtual school, such student shall not be eligible to participate in public school events or activities in the district of such student's disenrollment for twelve calendar months from the date of disenrollment.

Records created pertaining to a FLEX school student or a full-time virtual school student shall be made confidential. The parent of a FLEX school student shall oversee academic standards relating to such student's participation in a public school activity.

These provisions shall not be construed to prohibit school districts from requiring students to participate in components of instruction that are required for participation in fine arts activities, career and technical student organizations, or integrated cocurricular activities.

These provisions are similar to HB 241 (2023), SB 835 (2022), HCS/HB 2369 (2022), HCS/HB 494 (2021), SCS/SB 875 (2020), SCS/HC/HB 1540 (2020), HCS/SS/SCS/SB 528 (2020), HCS/HB 2273 (2020), and SB 130 (2019).

PERSONAL FINANCE ACADEMIC PERFORMANCE STANDARDS (Section 170.281)

This act requires the Department of Elementary and Secondary Education to convene a work group to develop and recommend academic performance standards relating to the one-half unit of credit in personal finance required for high school graduation. Members of the work group shall include educators who provide instruction in personal finance, a representative from the Missouri Association of Career and Technical Education, and others specified in the act. The State Board of Education shall adopt and implement academic performance standards for the 2023-24 school year and all subsequent school years. Every ten years, the State Board of Education shall review the academic performance standards to determine whether they should be updated to reflect trends and best practices in the current economy. This provision is identical to provisions in HCS/SCS/SB 187 (2023), in HCS/HB 497 (2023), in HCS/HB 586 (2023), and in HCS/HB 809 (2023) and similar to SB 503 (2023).

ELECTIVE SOCIAL STUDIES COURSES ON THE BIBLE (Section 170.341)

This act allows a school district or public charter school to offer an elective social studies course relating, but not limited to, the Hebrew Scriptures, the Old Testament of the Bible, or the New Testament of the Bible. The course will include the contents, history, literary style and structure, and influences on society. No requirement shall be made by the district or charter school on the text translation students must use. The act requires that any course offered shall follow applicable laws to maintain religious neutrality, and shall not endorse, favor, promote, or show hostility to any particular religion, nonreligious faith, or religious perspective. This provision is identical to SB 34 (2023) and similar to HB 484 (2023), SB 684 (2022), SB 323 (2021), HB 1345 (2020), and HB 267 (2019).

OLIVIA SHANNON