- Introduced -

SB 959 - This act enhances a school district's participation in the placement of nonresident school age children who wish to access education through the public school system.

Within 48 hours of enrolling a nonresident pupil, the enrolling school official shall request necessary records on the pupil for placements in the last 24 months. The applicable records include the IEP, diagnostic summary, school history, school records, medical history, court records, placement orders and any criminal history. The request must be responded to within 5 days. The records are confidential with a violation of confidentiality constituting a Class B misdemeanor. If a school entity fails to comply with this section, a civil action will lie with a parent.

The "Interagency Committee on Homes for Children" is created to hear requests from districts on moratoriums or reductions in nonresident placements. The committee is comprised of the directors of Division of Family Services, Division of Youth Services, Elementary and Secondary Education (DESE) and Mental Health (DMH), two superintendents and two circuit judges. The committee must meet at least twice a year, but may be convened upon the call of the chair.

The moratorium or reduction process would allow a district to request a hearing from the committee, which request will be approved or denied within 30 days. Within 60 days after approval, a hearing is held and the committee must reach a decision within 15 days. The committee is also charged with notifying affected child placement agencies when a moratorium or reduction is imposed.

A program is created to provide school-based case managers for districts that have received a moratorium or reduction in nonresident placements. The district is allowed to apply to DESE for supplemental funding of up to $10,000 per case manager. DESE is allowed by rule to establish the program and its criteria.

Section 167.280, RSMo, is amended to broaden the application for funds for support services to high risk students. The factors affecting school performance now include "out of home placement" and the State Board of Education is required to give priority to projects that "enhance interagency cooperation for the coordination of services to pupils interacting with multiple state agencies". Additionally, funds available under this section are allowed to be used for "school-based case management services".

The Department of Health is required to notify DESE and the local school district of requests for new licenses or increases in capacity to any foster home or residential care facility. The district is permitted to file an impact statement with Health and, if the impact will be negative, the license cannot be issued until Health determines the anticipated impact will not occur.

Prior to recommending a nonresident out-of-home placement, the placing agency must consult with DESE and the district to assess the impact of the placement on the district.

Any provider that is exempt from licensure under § 210.516 must register with DESE and is subject to health and fire safety requirements and inspections. Religious institutions remain exempt from this requirement.

The Department of Social Services, DMH and DESE are mandated to develop an interagency agreement by July 1, 1999, that will standardize classifications, terminology, forms and record keeping for all three agencies.

DENISE GARNIER