Offered January 25, 1996.

Senate Substitute adopted, January 25, 1996.

Taken up for Perfection January 25, 1996. Bill declared Perfected and Ordered Printed, as amended.

TERRY L. SPIELER, Secretary.

S2725.04P

To repeal sections 162.855, 162.860, 162.865, 162.870 and 162.910, RSMo 1994, relating to special school districts, and to enact eleven new sections relating to the same subject, with an emergency clause.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 162.855, 162.860, 162.865, 162.870 and 162.910, RSMo 1994, are repealed and eleven new sections enacted in lieu thereof, to be known as sections 162.855, 162.856, 162.857, 162.858, 162.859, 162.860, 162.862, 162.865, 162.867, 162.870 and 162.910, to read as follows:

162.855. 1. The board of education of a special school district with a population of not more than one hundred thousand persons shall consist of [six] seven members to be elected as provided in sections 162.670 to 162.995. In addition to the duties required of boards of education of special school districts with a population of not more than one hundred thousand persons under sections 162.670 to 162.995, the board shall perform the same duties and is subject to the same liabilities as the board of a [six-director] seven-director school district, other than an urban district, acting under the general school laws of the state of Missouri.

2. The board of education of a special school district with a population of not more than one hundred thousand persons shall have the power, in addition to powers granted elsewhere in sections 162.670 to 162.995 and in addition to powers granted to the boards of education of [six-director] seven-director school districts, other than urban districts, under the general school laws of this state, to:

(1) Establish and operate programs for the education of handicapped and severely handicapped children residing in the district subject to rules and regulations of the state board of education and the state department of elementary and secondary education promulgated pursuant to sections 162.670 to 162.995;

(2) Establish and operate programs for the vocational education of residents of the district;

(3) Employ teachers and other personnel necessary to provide these programs; and

(4) Do such other things as are necessary and incidental to any of the foregoing powers whether set forth in sections 162.670 to 162.995 or in the laws applicable to [six-director] seven-director school distri cts, except urban districts.

162.856. 1. In each special school district with a population in excess of one hundred thousand persons, there is hereby established a governing council which shall consist of one member of the board of education of each school district, all or a portion of which is contained in the special school district. Each member of the governing council shall be elected by the board of education of the school district on which the member serves. The board of education of a school district within the special school district may elect a new member to the governing council to fill a vacancy from that district and may replace the existing district member on the governing council at any time, upon providing written notice of the change to the secr etary of the governing council.

2. The governing council of a special school district shall have the following powers and duties:

(1) To establish such rules and procedures as may be necessary to carry out its powers and duties as provided in this section;

(2) To elect a chairman, a secretary and such other officers as it deems necessary;

(3) To elect the regional members of the board of education of the special school district and to fill vacancies on the board of education due to expired or vacated offices;

(4) To review and annually approve a rolling five-year plan for the operation and management of the district which shall be annually developed by the board of education of the special school district and which shall address the delivery of services; the structure, governance, administration and financial management of the district; cooperation with component school districts and responsiveness to the needs and concerns of the citizens of the special school district. The plan shall be first approved by the governing council on or before December 31, 1996, and shall be reviewed and approved annually on or before December thirty-first of each following year;

(5) To establish rules and procedures for the election of members of the board of education of the special school district which shall include open public participation and input from citizens of the district, parents of pupils of the special school district and boards of education of school districts within the special school district;

(6) To establish a parental advisory committee which shall elect two members of the board of education of the district at large to serve three year terms; except that one of the initial members shall serve for a one year term and the other initial at-large member shall serve for a two year term. The parental advisory committee shall also consult with the governing council and the board of education on issues involving pupils or parents of pupils of the district, including procedures for parental rights in resolution conferences and other proceedings regarding disputes between a parent and the local school district, the special school district or both, over the education of a pupil. The governing council shall establish a process for selection of the members of the parental advisory committee which shall provide for members to be independently selected by parents of pupils of the special school district;

(7) To hold at least four meetings per school year and such other meetings, called by the chairman of the council, a majority of the council members or the board of education of the special school district, as may be necessary to transact business and fulfill the duties established under this section.

3. Unless a greater majority is otherwise required, all actions of the governing council shall require a majority of the authorized members who represent at least fifty percent of the population of the district. Population figures shall be adjusted based on the latest census data available.

162.857. 1. The board of education of a special school district with a population of more than one hundred thousand persons shall consist of nine members to be elected as provided in section 162.867. In addition to the duties required of boards of education of special school districts under sections 162.670 to 162.995, the board shall perform the same duties and is subject to the same liabilities as the board of a seven-director school district, other than an urban district, acting under the general school laws of the state of Missouri, except that those powers and duties specifically reserved to the governing council under section 162.856 shall remain with the governing council and shall not be granted to the board of education.

2. The board of education of a special school district with a population of more than one hundred thousand persons shall have the power to:

(1) Establish and operate programs for the education of handicapped and severely handicapped children residing in the district subject to rules and regulations of the state board of education and the state department of elementary and secondary education promulgated pursuant to sections 162.670 to 162.995;

(2) Develop and approve the annual budget;

(3) To authorize all tax levies by two-thirds approval of the Board of Education prior to submission of tax levy proposals to the voters as provided by law for the district;

(4) Annually develop and submit to the governing council of the district for approval a five year plan for the operation and management of the district required under subdivision (6) of subsection 2 of section 162.856. In developing the plan, the board of education shall solicit a broad range of public input and shall consult with the parental advisory committee of the district, authorized under subdivision (8) of subsection 2 of section 162.856.

(5) Until June 30, 1997, establish and operate programs for the vocational education of residents of the district;

(6) Employ teachers and other personnel necessary to provide these programs; and

(7) Do such other things as are necessary and incidental to any of the foregoing powers whether set forth in sections 162.670 to 162.995 or in the laws applicable to seven-director school districts, except urban districts.

162.858. On or before July 1, 1998, and every five years thereafter, a public review committee shall be appointed to conduct a thorough review of the special school district including the structure, governance, administration, financial management, delivery of services, cooperation with component school districts and responsiveness to the needs and concerns of the citizens of the special school district. The committee shall consist of three members appointed by the commissioner of education and three members appointed by the governing council of the district. All members of the public review committee shall be registered voters of the special school district who have resided within the state for one year next preceding the appointment of the committee and who are at least twenty-four years of age. The committee shall complete its review by December thirty-first of the year the committee is appointed. The department of elementary and secondary education shall provide staff resources to assist in the review, upon request of the public review committee.

162.859. 1. On the effective date of this section, the existing board of education of any special school district with a population of more than one hundred thousand persons is hereby dissolved and the terms of office of all existing board members shall also expire on the effective date of this section.

2. Beginning on the effective date of this section, the state board of education shall serve as the governing body of any special school district with a population of more than one hundred thousand persons until the date on which notice is provided to the state board of education by the governing council that a board of education has been established pursuant to section 162.867. While acting as the governing body for such district, the state board shall have all powers and duties of boards of education of seven-director school districts, other than urban districts, under the general school laws of this state to establish and operate programs for the education of handicapped and severely handicapped children residing in the district, employ teachers and other personnel necessary to provide these programs and do such other things as are necessary and incidental to any of the foregoing powers and duties.

3. On and after the date on which notice is provided to the state board of education by the governing council that a board of education has been established pursuant to section 162.867, a special school district with a population of more than one hundred thousand persons shall be governed by a board of education elected pursuant to section 162.867 by the governing council established pursuant to section 162.856, and the board of education of such district shall not be established pursuant to section 162.865.

162.860. Candidates for membership on the board of education of a special school district with a population of not more than one hundred thousand persons shall be citizens of the United States and voters of the proposed district who have resided within the state for one year next preceding the election and who are at least twenty-four years of age. All candidates shall file their declarations of candidacy with the secretary of the state board of education.

162.862. The governing council established under section 162.856 and the board of education established under sections 162.857, 162.859 and 162.867 of each special school district with a population in excess of one hundred thousand persons shall be dissolved on June 30, 1999. On and after July 1, 1999, the state board of education shall serve as the governing body of each special school district with a population in excess of one hundred thousand persons and shall perform all duties required of boards of education of such school districts and shall perform the same duties as the board of a seven-director school district acting under the general school laws of this state.

162.865. [1.] The board members of a special school district with a population of not more than one hundred thousand persons shall be elected at large [unless the district has a population in excess of one hundred thousand]. [In such event, the state board of education, prior to calling the election, shall divide the area of the special school district into six election districts of equal population, taking into account insofar as possible the existing school district boundary lines, and the voters of each election district shall elect one board member who shall be a resident of the election district. If the board members are elected at large under this section,] The [six] seven receiving the largest number of votes shall be elected and the [two] three receiving the highest number of votes cast shall be elected for terms of three years each; the two receiving the next highest number of votes cast shall be elected for terms of two years each; and the two receiving the next highest number of votes cast shall be elected for terms of one year each. [If board members are elected from election districts under this section, the state board of education, prior to the election, shall number the districts by lot, one to six, inclusive. Members elected from districts one and two shall serve for terms of three years; members elected from districts three and four shall serve for terms of two years; and members elected from districts five and six shall serve for one year.] That part of the year between the date of the election of board members and the municipal election day of the following year is considered a full year in the terms of the members elected. All board members shall serve until their successors are elected and qualified and the state board of education shall issue certificates of election to the board members elected.

[2. In all special districts divided into election districts as provided in subsection 1 of this section, the board of education of the special district may, at any duly called meeting, adopt a resolution calling for the formation of a redistricting committee to consider redistricting the special school district. Upon adoption of any such resolution, the secretary of the board of education shall forward a certified copy thereof to the state board of education with a request that a redistricting committee be appointed in order to redistrict the special school district. The redistricting committee shall consist of three residents within the district, appointed by the board of education of the special district, plus three additional persons resident within the special district, appointed by the state board of education. Thereafter, the redistricting committee shall meet, organize itself with a chairman and secretary, and proceed with the adoption of a redistricting plan. Notwithstanding the above, the board of education shall, within ninety days following the publication of the decennial census figures, adopt a resolution calling for the formation of a redistricting committee; and the redistricting committee shall adopt a redistricting plan. Any plan proposed to be adopted must receive approval of a majority of the whole redistricting committee. Upon adoption, the redistricting committee shall forward a copy of the plan certified by the secretary of the redistricting committee to the state board of education for its approval or disapproval. The state board of education shall approve any redistricting plan which divides the special district into six election districts of equal population, taking into account insofar as possible existing school district boundary lines. Upon approval by the state board of education, the redistricting plan shall become effective and all board members elected thereafter shall be required to be elected from subdistricts in which they are resident. If the plan is not approved, then it shall be returned to the redistricting committee for revision and resubmission. If a redistricting plan has not been adopted within one year after the publication of the decennial census figures, the members of the board of education shall run at large. No member of the redistricting committee shall serve on the board of education for a period of six years following his service on the redistricting committee.]

162.867. 1. Members of the board of education of a special school district with a population of more than one hundred thousand persons shall be voters of the district who have resided within the state for one year next preceding selection to the board and who are at least twenty-four years of age. No person shall be elected to or serve as a member of the board of education who has a financial interest, equitable interest, or beneficial interest in the special school district or whose family member related within the first degree of consanguinity or affinity has a financial interest, equitable interest, or beneficial interest in the special school district, nor shall any person be elected to or serve as a member of the board of education who is a member of any organization which has a financial interest, equitable interest or beneficial interest in the special school district or whose family member related within the first degree of consanguinity or affinity is a member of any organization which has a financial interest, equitable interest or beneficial interest in the special school district. No member of the board of education shall hold any office or employment of profit from the board of education of the special school district or from the board of education of any school district all or a portion of which is contained within the special school district while serving as a member of the board of education of the special school district. Nothing in this subsection shall be construed to preclude a person from being elected to or serving on the board of education of the special school district on the basis that the person is related to a pupil of the special school district or to a pupil of any school district all or a portion of which is contained with in the special school district.

2. The state board of education shall divide the area of the special school district into seven subdistricts of equal population, taking into account insofar as possible the existing school district boundary lines, and the governing council shall elect one board member from each subdistrict who shall be a resident of the subdistrict. The state board of education shall number the subdistricts, one to seven, inclusive. Members of the board shall be elected to three year terms, except that of the initial members elected under this section, members elected from subdistricts one, two and three shall serve for terms of three years; members elected from subdistricts four and five shall serve for terms of two years; and members elected from subdistricts six and seven shall serve for one year, and such initial members shall hold office as soon as they are elected and the board is constituted. In addition, the parental advisory committee established under section 162.856 shall elect two at-large members of the board of education who shall satisfy the other qualifications of this section and shall serve for three year terms; except that one of the initial members shall serve for a one year term and the other of the initial members shall serve for a two year term.

3. Except as provided in subsection 2 of this section, board members shall serve terms beginning on July first of the year of election and ending on June thirtieth of the year the term ends. That part of the year between the effective date of this section and the first July first following the effective date of this section shall not count as a term year, and the terms of the initial board members elected pursuant to this section shall be construed to begin on the July first following the effective date of this section for the purpose of determining the expiration of such terms. All board members shall serve until their successors are elected and qualified.

4. No person may be elected to serve more than two full terms as a member of the board of education. Partial terms shall not be considered in determining the period of service allowed under this subsection.

5. The board of education shall, within ninety days following the publication of the decennial census figures, adopt a resolution calling for the formation of a redistricting committee. Upon adoption of such resolution, the secretary of the board of education shall forward a certified copy thereof to the state board of education. The redistricting committee shall consist of three residents within the district, appointed by the board of education of the special school district, plus three additional persons resident within the special school district, appointed by the state board of education. Thereafter, the redistricting committee shall meet, organize itself with a chairman and secretary, and proceed with the adoption of a redistricting plan. Any plan proposed to be adopted must receive approval of a majority of the whole redistricting committee. Upon adoption, the redistricting committee shall forward a copy of the plan certified by the secretary of the redistricting committee to the state board of education for its approval or disapproval. The state board of education shall approve any redistricting plan which divides the special district into seven subdistricts of equal population, taking into account insofar as possible existing school district boundary lines. Upon approval by the state board of education, the redistricting plan shall become effective and all board members selected thereafter shall be selected from subdistricts in which they are resident. If the plan is not approved, then it shall be returned to the redistricting committee for revision and resubmission. If a redistricting plan has not been adopted within one year after the publication of the decennial census figures, the members of the board of education shall be elected at large by the governing council and otherwise as provided in this section. No member of the redistricting committee shall serve on the board of education for a period of six years following his service on the redistricting committee.

162.870. The results of board elections conducted pursuant to section 162.865 shall be certified and transmitted to the state board of education and to the board of education of each school district comprising the special district, immediately upon tabulation following the closing of the polls. The state board of education, from the results so certified, shall determine the members elected to the board of education and shall issue certificates of election to the persons entitled thereto.

162.910. At the elections conducted pursuant to section 162.865, the voters of [the] a special district with a population of not more than one hundred thousand persons shall elect, by ballot, two board members to succeed those whose terms have expired and the board members so elected shall hold office for terms of three years and until their successors have been elected and qualified and shall assume the duties of their offices at the first regular meeting of the board of education held after their election. [If the board members are elected from election districts under section 162.865, then successors to those board members whose terms expire shall be selected at municipal elections by the voters resident in the election districts in which the board member whose term has expired was resident and the board members so elected shall hold office for terms of three years each and until their successors have been elected and qualified.] Candidates shall file their declarations of candidacy for office of board member with the secretary of the board of education of the special school district. A majority of the then qualified members of the board of education of the special school district shall certify the candidates receiving the greatest number of votes for terms of three years each and until their successors shall have been elected and qualified, and shall declare and certify the results of the vote cast on any question presented at the election.

Section B. Because of the urgent need to provide for the effective governance of certain special school districts, this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.