To repeal sections 163.161, 167.270 and 167.275, RSMo 1994, and section 166.275, RSMo Supp. 1996, relating to education, and to enact in lieu thereof five new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 163.161, 167.270 and 167.275, RSMo 1994, and section 166.275, RSMo Supp. 1996, are repealed and five new sections enacted in lieu thereof, to be known as sections 163.161, 166.275, 167.270, 167.275 and 170.015, to read as follows:

     163.161. 1. Any school district which makes provision for transporting pupils as provided in section 162.621, RSMo, and sections 167.231 and 167.241, RSMo, shall receive state aid for the ensuing year for such transportation on the basis of the cost of pupil transportation services provided the current year. A district shall receive, pursuant to section 163.031, an amount not greater than seventy-five percent of the allowable costs of providing pupil transportation services to and from school and to and from public accredited vocational courses, and shall not receive an amount per pupil greater than one hundred twenty-five percent of the state average approved cost per pupil transported the second preceding school year, except when the state board of education determines that sufficient circumstances exist to authorize amounts in excess of the one hundred twenty-five percent of the state average approved cost per pupil transported the second previous year.

     2. The state board of education shall approve all bus routes or portions of routes and determine the total miles each district should have for effective and economical transportation of the pupils and shall determine allowable costs. The state board of education shall approve all mileage necessary for effective and economical transportation to ensure that each resident pupil is able to attend the same district school throughout the school year at which the pupil was first enrolled for that school year, if such transportation is requested in writing by the pupil or the pupil's parent or guardian. Under circumstances where the state board approves only a portion of a route, the costs for the disapproved portion shall not be considered allowable costs. The local school board, in its discretion, may continue that portion of the route unless that portion of the route was discontinued by the state board of education for safety reasons. When the local school board decides to continue that portion of the route, costs incurred shall be paid from local money or by the parents of the students living on that portion of the route under consideration. State aid for any other portion of the route which shall otherwise be approved shall not be affected. No state aid shall be paid for the costs of transporting pupils living less than one mile from the school. However, if the state board of education determines that circumstances exist where no appreciable additional expenses are incurred in transporting pupils living less than one mile from school, such pupils may be transported without increasing or diminishing the district's entitlement to state aid for transportation.

     3. State aid for transporting handicapped and severely handicapped students attending classes within the school district or in a nearby district under a contractual arrangement shall be paid in accordance with the provisions of section 163.031 and an amount equal to seventy-five percent of the additional cost of transporting handicapped and severely handicapped students above the average per pupil cost of transporting all students of the district shall be apportioned pursuant to section 163.031 where such special transportation is approved in advance by the department of elementary and secondary education. State aid for transportation of handicapped and severely handicapped children in a special school district shall be seventy-five percent of allowable costs as determined by the state board of education which may for sufficient reason authorize amounts in excess of one hundred twenty-five percent of the state average approved cost per pupil transported the second previous year. In no event shall state transportation aid exceed seventy-five percent of the total allowable cost of transporting all pupils eligible to be transported.

     4. No state transportation aid received pursuant to section 163.031 shall be used to purchase any school bus manufactured prior to April 1, 1977, that does not meet the federal motor vehicle safety standards.

     166.275. If the total amount appropriated by the state to school districts, in accordance with a judgment or order based on the equal protection clause of the fourteenth amendment to the Constitution of the United States, for fiscal year 1996 or any subsequent fiscal year is less than the amount appropriated for the same purpose in fiscal year 1994, any amount of the difference, in addition to any unexpended appropriation for the prior fiscal year that results in additional unobligated resources for the state beginning in fiscal year 1997, not to exceed ten million dollars, shall be appropriated for dropout prevention programs and activities under sections 167.260 to 167.380, RSMo, or other dropout prevention programs and activities as provided by law, provided that no less than two million dollars of that amount shall be appropriated under this section for A+ Schools under section 160.545, RSMo, and no less than two million dollars of that amount shall be appropriated for alternative schools under sections 167.320 to 167.332, RSMo, and any remaining amount of the difference necessary to fund the district entitlements under section 163.031, RSMo, with a district entitlement proration factor no less than one, shall be transferred to the state school moneys fund and distributed in the manner provided in section 163.031, RSMo.

     167.270. 1. Local school districts are encouraged to offer additional specialized programs for any pupil who has a high risk of becoming a high school dropout. Additional financial assistance from state aid provided by section 167.260 and section 166.275, RSMo, shall be provided to those school districts which offer such courses. For any programs established pursuant to this section, such additional state aid shall be distributed according to rules and regulations developed by the state board of education.

     2. The rate of reimbursement to local school districts for specialized courses of instruction designed to keep high school pupils from dropping out of school shall be determined on the basis of eight thousand eighty-three dollars for each full-time teacher who teaches such a course which is approved by the state department of elementary and secondary education.

     3. A local school district shall be eligible for additional state aid, subject to appropriation therefor, for a program of alternative education programs for pregnant teens and teen mothers who are enrolled as pupils in the district. Such programs may include specialized courses of instruction established pursuant to subsection 1 of this section and such supplemental services as the district may establish within guidelines set by the state board of education to enable teen mothers to complete high school. For these supplemental services a district may accept funds from federal, local and private sources as may be available. Two or more districts may form a consortium to offer these supplemental services. A district which is not a member of a consortium and which does not offer these services may contract with a district which does. Such a district offering such services may waive all or a portion of the tuition for such a pupil.

     167.275. 1. Effective January 1, 1991, all public and nonpublic secondary schools shall report to the state literacy hot line office in Jefferson City the name, mailing address and telephone number of all students sixteen years of age or older who drop out of school for any reason other than to attend another school, college or university, or enlist in the armed services. Such reports shall be made either by using the telephone hot line number or on forms developed by the department of elementary and secondary education. Upon such notification, the state literacy hot line office shall contact the student who has been reported and refer that student to the nearest location that provides adult basic education instruction leading to the completion of a general educational development certificate.

     2. The department shall develop a public school pupil attendance database. School districts shall report attendance data for each pupil to the department pursuant to procedures established by the department by rule. The attendance data shall be used to determine the district's average daily attendance and the number of district eligible pupils, as those terms are defined in section 163.011, RSMo, for distribution of state school aid under section 163.031, RSMo. The database shall be updated and monitored to determine all students who have dropped out of school since the previous report, and such dropouts shall be treated in the same manner as dropouts reported under subsection 1 of this section.

     3. The department shall annually report the four-year public high school graduation rate for the previous year for the state and for each school district to the governor and general assembly on or before December fifteenth of the school year. School districts shall annually report all data required by the department by rule to calculate the graduation rates. For the purposes of this section, the "four-year public high school graduation rate" shall be the quotient of the number of graduates in the current year as of June thirtieth divided by the sum of the number of graduates in the current year as of June thirtieth plus the number of twelfth-graders who dropped out in the current year plus the number of eleventh-graders who dropped out in the preceding year plus the number of tenth-graders who dropped out in the second preceding year plus the number of ninth-graders who dropped out in the third preceding year.

     170.015. 1. Any course materials and instruction relating to human sexuality and sexually transmitted diseases shall:

     (1) Present abstinence from sexual activity as the preferred choice of behavior in relation to all sexual activity for unmarried persons;

     (2) Devote more attention to abstinence from sexual activity than to any other behavior;

     (3) Emphasize that abstinence from sexual activity is the only method that is one hundred percent effective in preventing pregnancy, sexually transmitted diseases and the emotional trauma associated with adolescent sexual activity;

     (4) Direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is recognized as the most effective way to prevent pregnancy and sexually transmitted diseases;

     (5) Teach contraception and condom use in terms of real human use failure rates instead of theoretical laboratory rates, if instruction on contraception and condoms is included in curriculum content;

     (6) Stress that sexually transmitted diseases are serious, possible, health hazards of sexual activity. Pupils shall be provided with statistics based on the latest medical information citing failure and success rates of condoms and other contraceptives in preventing acquired immune deficiency syndrome (AIDS), human papilloma virus and other sexually transmitted diseases, if instruction on contraception and condoms is included in curriculum content;

     (7) Include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual activity outside of marriage and the consequences of unwanted adolescent pregnancy and emphasize the importance of respect for monogamous marriage;

     (8) Advise pupils of the laws pertaining to their financial responsibility to children born in and out of wedlock and that it is unlawful for persons of any age to have sexual relations with underage persons to whom they are not married pursuant to chapter 566, RSMo;

     (9) Emphasize that the pupil has the power to control personal behavior. Pupils shall be encouraged to base their actions on reasoning, self-discipline, sense of responsibility, self-control, and ethical considerations, such as respect for one's self and others; and

     (10) Teach pupils to not make unwanted physical and verbal sexual advances and how to say no to unwanted sexual advances. Pupils shall be taught that it is wrong to take advantage of, or exploit, another person. The material and instruction shall also encourage youth to resist negative peer pressure.

     2. A school district shall not distribute condoms or other contraceptives, nor shall a school district refer a student to any other entity for distribution of condoms or other contraceptives.

     3. A school district which provides human sexuality instruction may separate students according to gender for instructional purposes.

     4. The board of a school district shall determine the specific content of the district's instruction in human sexuality, in accordance with subsections 1 to 3 of this section, and shall ensure that all instruction in human sexuality is appropriate to the age of the students receiving such instruction.

     5. A school district shall notify the parent or legal guardian of each student enrolled in the district of:

     (1) The basic content of the district's human sexuality instruction to be provided to the student; and

     (2) The parent's right to remove the student from any part of the district's human sexuality instruction.

     6. A school district shall make all curriculum materials used in the district's human sexuality instruction available for public inspection pursuant to chapter 610, RSMo, prior to the use of such materials in actual instruction.