EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 2202 101ST GENERAL ASSEMBLY 4721S.03C ADRIANE D. CROUSE, Secretary AN ACT To repeal sections 160.2700, 160.2705, 161.097, 167.268, 167.630, 167.640, 167.645, 167.903, 170.014, 170.018, 302.010, and 304.060, RSMo, and to enact in lieu thereof twenty- three new sections relating to elementary and secondary education, with an effective date for a certain section. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 160.2700, 160.2705, 161.097, 167.268, 1 167.630, 167.640, 167.645, 167.903, 170.014, 170.018, 302.010, 2 and 304.060, RSMo, are repealed and twenty -three new sections 3 enacted in lieu thereof, to be known as sections 160 .560, 4 160.2700, 160.2705, 161.097, 161.214, 161.241, 161.380, 5 161.385, 162.1255, 167.268, 167.630, 167.640, 167.645, 167.903, 6 167.907, 167.908, 170.014, 170.018, 170.036, 173.831, 186.080, 7 302.010, and 304.060, to read as follows:8 160.560. 1. The department of elementary and 1 secondary education shall establish the "Show Me Success 2 Diploma Program". 3 2. Under the show me success diploma program, the 4 department of elementary and secondary education shall 5 develop the "Show Me Success Diploma" as an alternative 6 pathway to graduation for high school students that may be 7 earned at any point between the end of a student's tenth 8 grade year and the conclusion of the student's twelfth grade 9 year. 10 SCS HB 2202 2 3. By July 1, 2023, the department of element ary and 11 secondary education shall develop detailed requirements for 12 students to become eligible for the show me success diploma 13 that include at least the following: 14 (1) Demonstrated skills and knowledge in English, 15 science, and mathematical liter acy to be successful in 16 college level courses offered by the community colleges in 17 this state that count toward a degree or certificate without 18 taking remedial or developmental course work; and 19 (2) Satisfactory grades on approved examinations in 20 subjects determined to be necessary to prepare a student to 21 enter postsecondary education without remedial or 22 developmental course work. 23 4. School districts and charter schools may offer a 24 course of study designed to meet the requirements to obtai n 25 a show me success diploma to students entering the ninth 26 grade. Students who elect to pursue a show me success 27 diploma shall participate in a course of study designed by 28 the school district to meet the requirements established 29 under subsection 3 of this section. The show me success 30 diploma shall be available to any such student until the end 31 of that student's twelfth grade year. 32 5. Students who earn a show me success diploma may 33 remain in high school and participate in programs of study 34 available through the school district or charter school 35 until that student would otherwise have graduated at the end 36 of grade twelve. For purposes of calculation and 37 distribution of state aid, the school district or charter 38 school of a pupil having ear ned a show me success diploma 39 who remains enrolled in the school district or charter 40 school shall continue to include the pupil in the pupil 41 enrollment of each such school district or charter school 42 SCS HB 2202 3 and shall continue to receive funding for a pupil who earns 43 a show me success diploma until that pupil would otherwise 44 have graduated at the end of grade twelve. Students who 45 elect to remain in high school under this subsection shall 46 be eligible to participate in extracurricular activities, 47 including interscholastic sports, through the end of grade 48 twelve. 49 6. Students who pursue but do not meet the eligibility 50 requirements for a show me success diploma at the end of 51 grade ten or eleven shall receive a customized program of 52 assistance during th e next school year that addresses areas 53 in which the student demonstrated deficiencies in the course 54 requirements. Students may choose to return to a 55 traditional academic program without completing the show me 56 success diploma. 57 7. The department of elementary and secondary 58 education shall provide training, guidance, and assistance 59 to teachers and administrators of the schools offering the 60 show me success diploma and shall closely monitor the 61 progress of the schools in the development of the pr ogram. 62 8. Pupils who earn a show me success diploma and do 63 not remain enrolled in the district or charter school and 64 instead enroll, or show proof that they will enroll, in a 65 postsecondary educational institution eligible to 66 participate in a stud ent aid program administered by the 67 U.S. Department of Education shall be included in the 68 district's or charter school's state aid calculation under 69 section 163.031, until such time that the pupil would have 70 completed the pupil's twelfth grade year had the pupil not 71 earned a show me success diploma. The funding assigned to a 72 pupil under this subsection shall be calculated as if the 73 pupil's attendance percentage equaled the district's or 74 SCS HB 2202 4 charter school's prior year average attendance percentage. 75 For a pupil who, as provided in this subsection, is included 76 in the district's or charter school's state aid calculation 77 but who is not enrolled in the district or charter school, 78 an amount equal to ninety percent of the pupil's 79 proportionate share of t he state, local, and federal aid 80 that the district or charter school receives for the pupil 81 under this subsection shall be deposited by the school 82 district or charter school into an account established under 83 sections 166.400 to 166.455 that lists the p upil as the 84 beneficiary. The state treasurer shall provide guidance and 85 assist school districts, charter schools, pupils, and 86 parents or guardians of pupils with the creation, 87 maintenance, and use of an account that has been established 88 under sections 166.400 to 166.455. 89 9. The department of elementary and secondary 90 education shall promulgate all necessary rules and 91 regulations for the administration of this section. Any 92 rule or portion of a rule, as that term is defined in 93 section 536.010, that is created under the authority 94 delegated in this section shall become effective only if it 95 complies with and is subject to all of the provisions of 96 chapter 536 and, if applicable, section 536.028. This 97 section and chapter 536 are nonseverable, a nd if any of the 98 powers vested with the general assembly pursuant to chapter 99 536 to review, to delay the effective date, or to disapprove 100 and annul a rule are subsequently held unconstitutional, 101 then the grant of rulemaking authority and any rule propo sed 102 or adopted after August 28, 2022, shall be invalid and void. 103 160.2700. For purposes of sections 160.2700 to 1 160.2725, "adult high school" means a school that: 2 SCS HB 2202 5 (1) Is for individuals who do not have a high school 3 diploma and who are twenty-one years of age or older; 4 (2) Offers an industry certification program or 5 programs and a high school diploma in a manner that allows 6 students to earn a diploma at the same time that they earn 7 an industry certification; 8 (3) Offers [on-site] child care for children of 9 enrolled students attending the school; and 10 (4) Is not eligible to receive funding under section 11 160.415 or 163.031. 12 160.2705. 1. The department of elementary and 1 secondary education shall authorize before January 1, 2018, 2 a Missouri-based nonprofit organization meeting the criteria 3 under subsection 2 of this section to establish and operate 4 four adult high schools, with: 5 (1) One adult high school to be located in a city not 6 within a county; 7 (2) One adult high school to be located in a county of 8 the third classification without a township form of 9 government and with more than forty -one thousand but fewer 10 than forty-five thousand inhabitants or a county contiguous 11 to that county; 12 (3) One adult high school to be located in a county of 13 the first classification with more than two hundred sixty 14 thousand but fewer than three hundred thousand inhabitants 15 or a county contiguous to that county; and 16 (4) One adult high school to be located in a county of 17 the first classification with more than one hundred fifty 18 thousand but fewer than two hundred thousand inhabitants. 19 2. The department of elementary and secondary 20 education shall grant the authorization des cribed under 21 subsection 1 of this section based on a bid process 22 SCS HB 2202 6 conducted in accordance with the rules and regulations 23 governing purchasing through the office of administration. 24 The successful bidder shall: 25 (1) Demonstrate the ability to establ ish, within 26 twenty-one months of the receipt of the authorization, four 27 adult high schools offering high school diplomas, an 28 industry certification program or programs, and [on-site] 29 child care for children of the students attending the high 30 schools; 31 (2) Commit at least two million dollars in investment 32 for the purpose of establishing the necessary infrastructure 33 to operate four adult high schools; 34 (3) Demonstrate substantial and positive experience in 35 providing services, including indus try certifications and 36 job placement services, to adults twenty -one years of age or 37 older whose educational and training opportunities have been 38 limited by educational disadvantages, disabilities, 39 homelessness, criminal history, or similar circumstance s; 40 (4) Establish a partnership with a state -supported 41 postsecondary education institution or more than one such 42 partnership, if a partnership or partnerships are necessary 43 in order to meet the requirements for an adult high school; 44 (5) Establish a comprehensive plan that sets forth how 45 the adult high schools will help address the need for a 46 sufficiently trained workforce in the surrounding region for 47 each adult high school; 48 (6) Establish partnerships and strategies for engaging 49 the community and business leaders in carrying out the goals 50 of each adult high school; 51 (7) Establish the ability to meet quality standards 52 through certified teachers and programs that support each 53 SCS HB 2202 7 student in [his or her] such student's goal to find a more 54 rewarding job; 55 (8) Establish a plan for assisting students in 56 overcoming barriers to educational success including, but 57 not limited to, educational disadvantages, homelessness, 58 criminal history, disability, including learning disability 59 such as dyslexia, and similar circumstances; 60 (9) Establish a process for determining outcomes of 61 the adult high school, including outcomes related to a 62 student's ability to find a more rewarding job through the 63 attainment of a high school diploma an d job training and 64 certification; and 65 (10) Bids shall not include an administrative fee 66 greater than ten percent. 67 3. (1) The department of elementary and secondary 68 education shall establish academic requirements for students 69 to obtain high school diplomas. 70 (2) Requirements for a high school diploma shall be 71 based on an adult student's prior high school achievement 72 and the remaining credits and coursework that would be 73 necessary for the student to receive a high school diploma 74 if [he or she] such student were in a traditional high 75 school setting. The adult student shall meet the 76 requirements with the same level of academic rigor as would 77 otherwise be necessary to attain such credits. 78 (3) The adult high school authorized un der this 79 section shall award high school diplomas to students who 80 successfully meet the established academic requirements. 81 The adult high school authorized under this section shall 82 confer the diploma as though the student earned the diploma 83 at a traditional high school. The diploma shall have no 84 differentiating marks, titles, or other symbols. 85 SCS HB 2202 8 (4) Students at adult high schools may complete 86 required coursework at their own pace and as available 87 through the adult high school. They shall not be required 88 to satisfy any specific number of class minutes. The adult 89 high school may also make classes available to students 90 online as may be appropriate. However, students shall not 91 complete the majority of instruction of the school's 92 curriculum online or through remote instruction. For the 93 purposes of this subsection, synchronous instruction 94 connecting students to a live class conducted in a Missouri 95 adult high school shall be treated the same as in -person 96 instruction. 97 (5) The department of elementary and secondary 98 education shall not create additional regulations or burdens 99 on the adult high school or the students attending the adult 100 high schools beyond certifying necessary credits and 101 ensuring that students have sufficiently maste red the 102 subject matter to make them eligible for credit. 103 4. An adult high school shall be deemed a "secondary 104 school system" for the purposes of subdivision (15) of 105 subsection 1 of section 210.211. 106 161.097. 1. The state board of education shall 1 establish standards and procedures by which it will evaluate 2 all teacher training institutions in this state for the 3 approval of teacher education programs. The state board of 4 education shall not require teacher training institution s to 5 meet national or regional accreditation as a part of its 6 standards and procedures in making those evaluations, but it 7 may accept such accreditations in lieu of such approval if 8 standards and procedures set thereby are at least as 9 stringent as those set by the board. The state board of 10 education's standards and procedures for evaluating teacher 11 SCS HB 2202 9 training institutions shall equal or exceed those of 12 national or regional accrediting associations. 13 2. There is hereby established within the depa rtment 14 of elementary and secondary education the "Missouri Advisory 15 Board for Educator Preparation", hereinafter referred to as 16 "MABEP". The MABEP shall advise the state board of 17 education and the coordinating board for higher education 18 regarding matters of mutual interest in the area of quality 19 educator preparation programs in Missouri. The advisory 20 board shall include at least three active elementary or 21 secondary classroom teachers and at least three faculty 22 members within approved educator pre paration programs. The 23 classroom teacher members shall be selected to represent 24 various regions of the state and districts of different 25 sizes. The faculty representatives shall represent 26 institutions from various regions of the state and sizes of 27 program. The advisory board shall hold regular meetings 28 that allow members to share needs and concerns and plan 29 strategies to enhance teacher preparation. 30 3. Upon approval by the state board of education of 31 the teacher education program at a partic ular teacher 32 training institution, any person who graduates from that 33 program, and who meets other requirements which the state 34 board of education shall prescribe by rule, regulation and 35 statute shall be granted a certificate or license to teach 36 in the public schools of this state. However, no such rule 37 or regulation shall require that the program from which the 38 person graduates be accredited by any national or regional 39 accreditation association. 40 4. The state board of education shall, in cons ultation 41 with MABEP, align literacy and reading instruction 42 coursework for teacher education programs in early 43 SCS HB 2202 10 childhood, kindergarten to fifth grade elementary teacher 44 certification, middle school communication arts, high school 45 communication arts, a nd all reading and special education 46 certificates to include the following: 47 (1) Teacher candidates shall receive classroom and 48 clinical training in: 49 (a) The core components of reading, including phonemic 50 awareness, phonics, fluency, comprehen sion, morphology, 51 syntax, and vocabulary; 52 (b) Oral and written language development; and 53 (c) Identification of reading deficiencies, dyslexia, 54 and other language difficulties; 55 (2) Teacher candidates shall also have training on: 56 (a) The selection and use of reading curricula and 57 instructional materials; 58 (b) The administration and interpretation of 59 assessments; 60 (c) How to translate assessment results into effective 61 practice in the classroom specific to the needs of stu dents; 62 and 63 (d) Additional best practices in the field of literacy 64 instruction as recommended by the literacy advisory council 65 pursuant to section 186.080. 66 5. Any rule or portion of a rule, as that term is 67 defined in section 536.010, that is created under the 68 authority delegated in this section shall become effective 69 only if it complies with and is subject to all of the 70 provisions of chapter 536 and, if applicable, section 71 536.028. This section and chapter 536 are nonseverable and 72 if any of the powers vested with the general assembly 73 pursuant to chapter 536 to review, to delay the effective 74 date, or to disapprove and annul a rule are subsequently 75 SCS HB 2202 11 held unconstitutional, then the grant of rulemaking 76 authority and any rule proposed or a dopted after August 28, 77 2014, shall be invalid and void. 78 161.214. 1. For purposes of this section, the 1 following terms shall mean: 2 (1) "Board", the state board of education; 3 (2) "Department", the department of elementary and 4 secondary education; 5 (3) "School innovation team", a group of natural 6 persons officially authorized by: 7 (a) A single elementary or secondary school; 8 (b) A group of two or more elementary or secondary 9 schools within the same school district that share common 10 interests, such as geographical location or educational 11 focus, or that sequentially serve classes of students as 12 they progress through elementary and secondary education; 13 (c) A group of two or more elementary or secondar y 14 schools not within the same school district that share 15 common interests, such as geographical location or 16 educational focus, or that sequentially serve classes of 17 students as they progress through elementary and secondary 18 education; 19 (d) A single school district; or 20 (e) A group of two or more school districts that share 21 common interests, such as geographical location or 22 educational focus, or that sequentially serve classes of 23 students as they progress through elementary and secondary 24 education; 25 (4) "School innovation waiver", a waiver granted by 26 the board to a single school, group of schools, single 27 school district, or group of school districts pursuant to 28 this section, in which the school, group of schools, school 29 SCS HB 2202 12 district, or group of school districts is exempt from a 30 specific requirement imposed by chapter 160, chapter 161, 31 chapter 162, chapter 167, chapter 170, or chapter 171, or 32 any regulations promulgated thereunder by the board or the 33 department. Any school innovation waiver granted to a 34 school district or group of school districts shall be 35 applicable to every elementary and secondary school within 36 the school district or group of school districts unless the 37 plan specifically provides otherwise. 38 2. Any school innovation team seeking a school 39 innovation waiver may submit a plan to the board for one or 40 more of the following purposes: 41 (1) Improving student readiness for employment, higher 42 education, vocational training, technical training, or any 43 other form of career and job training; 44 (2) Increasing the compensation of teachers; or 45 (3) Improving the recruitment, retention, training, 46 preparation, or professional development of teachers. 47 3. Any plan for a school innovation waiver shall: 48 (1) Identify the specific provision of law for which a 49 waiver is being requested and provide an explanation for why 50 the specific provision of law inhibits the ability of the 51 school or school district to accomplish the goal stated in 52 the plan; 53 (2) Demonstrate that the intent of the specific 54 provision of law can be addressed in a more effective, 55 efficient or economical manner and that the waiver or 56 modification is necessary to implement the plan; 57 (3) Include measurable annual perform ance targets and 58 goals for the implementation of the plan; 59 SCS HB 2202 13 (4) Specify the innovations to be pursued in meeting 60 one or more of the goals listed in subsection 2 of this 61 section; 62 (5) Demonstrate parental, school employee, and 63 community and business support for, and engagement with, the 64 plan; and 65 (6) Be approved by at least the minimum number of 66 people required to be on the school innovation team prior to 67 submitting the plan for approval. 68 4. (1) In evaluating a plan submitted b y a school 69 innovation team under subsection 2 of this section, the 70 board shall consider whether the plan will: 71 (a) Improve the preparation, counseling, and overall 72 readiness of students for postsecondary life; 73 (b) Increase teacher salaries i n a financially 74 sustainable and prudent manner; or 75 (c) Increase the attractiveness of the teaching 76 profession for prospective teachers and active teachers 77 alike. 78 (2) The board may approve any plan submitted under 79 subsection 2 of this sectio n if it determines that: 80 (a) The plan successfully demonstrates the ability to 81 address the intent of the provision of law to be waived in a 82 more effective, efficient or economical manner; 83 (b) The waivers or modifications are demonstrated to 84 be necessary to stimulate improved student readiness for 85 postsecondary life, increase teacher salaries, or increase 86 the attractiveness of the teaching profession for 87 prospective teachers and active teachers; 88 (c) The plan has demonstrated sufficien t participation 89 from among the teachers, principals, superintendent, 90 SCS HB 2202 14 faculty, school board, parents, and the community at large; 91 and 92 (d) The plan is based upon sound educational 93 practices, does not endanger the health and safety of 94 students or staff, and does not compromise equal opportunity 95 for learning. 96 (3) The board may propose modifications to the plan in 97 cooperation with the school innovation team. 98 5. Any waiver granted under this section shall be 99 effective for a period of no longer than three school years 100 beginning the school year following the school year in which 101 the waiver is approved. Any waiver may be renewed. No more 102 than one school innovation waiver shall be in effect with 103 respect to any one elementary or secondar y school at one 104 time. 105 6. This section shall not be construed to allow the 106 state board of education to authorize the waiver of any 107 statutory requirements relating to teacher certification, 108 teacher tenure, or any requirement imposed by federal law. 109 7. The board may promulgate rules implementing the 110 provisions of this section. Any rule or portion of a rule, 111 as that term is defined in section 536.010, that is created 112 under the authority delegated in this section shall become 113 effective only if it complies with and is subject to all of 114 the provisions of chapter 536 and, if applicable, section 115 536.028. This section and chapter 536 are nonseverable and 116 if any of the powers vested with the general assembly 117 pursuant to chapter 536 to review, to delay the effective 118 date, or to disapprove and annul a rule are subsequently 119 held unconstitutional, then the grant of rulemaking 120 authority and any rule proposed or adopted after August 28, 121 2022, shall be invalid and void. 122 SCS HB 2202 15 161.241. 1. The state board of education, in 1 collaboration with the coordinating board for higher 2 education and the commissioner's advisory council under 3 section 186.080, shall develop a plan to establish a 4 comprehensive system of services for reading instru ction. 5 2. The state board of education shall establish and 6 periodically update a statewide literacy plan that supports 7 high quality, evidence -based reading instruction for all 8 students. 9 3. The state board of education shall create an office 10 of literacy. The commissioner of education shall coordinate 11 staff with roles relating to literacy and align staff work 12 around supporting best practices in reading instruction. 13 4. The state board of education shall align literacy 14 and reading instruction coursework for teacher education 15 programs as required under subsection 4 of section 161.097. 16 5. Subject to appropriation, the department of 17 elementary and secondary education shall recruit and employ 18 quality teacher trainers with expertise in reading 19 instruction and provide opportunities for evidence -based 20 professional development in reading instruction available 21 for all active teachers. 22 6. The department shall maintain and publish data on 23 reading outcomes, provided that the repor t shall not include 24 individually identifiable student data. 25 7. The department shall publish criteria and examples 26 to help districts and schools select and use evidence -based 27 reading curricula and instructional materials. 28 Additionally, the depart ment shall publish a list of 29 curricula that ensure instruction is explicit, systematic, 30 diagnostic and based on phonological awareness, phonics, 31 SCS HB 2202 16 fluency, vocabulary, comprehension, morphology, syntax, and 32 semantics. This shall be a resource to distric ts. 33 8. The department shall provide online tools and 34 training for active teachers on evidence -based reading 35 instruction. 36 9. There is hereby created in the state treasury the 37 "Evidence-based Reading Instruction Program Fund". The fund 38 shall be administered by the department and used to 39 reimburse school districts and charter schools for efforts 40 to improve student literacy, including, but not limited to: 41 initiatives that provide optional training and materials to 42 teachers regarding best p ractices in reading pedagogies; 43 resources for parents and guardians to assist them in 44 teaching their children to read; funding for reading 45 tutoring programs outside of regular school hours; stipends 46 for teachers who undergo additional training in readi ng 47 instruction, which may also count toward professional 48 development requirements; and funding for summer reading 49 programs. The fund shall consist of moneys appropriated 50 annually by the general assembly from general revenue to 51 such fund, any moneys p aid into the state treasury and 52 required by law to be credited to such fund and any gifts, 53 bequests, or donations to such fund. The fund shall be kept 54 separate and apart from all other moneys in the state 55 treasury and shall be paid out by the state tr easurer 56 pursuant to chapter 33. Notwithstanding the provisions of 57 section 33.080 to the contrary, moneys in the fund at the 58 end of the biennium shall not be transferred to the credit 59 of the general revenue fund. All interest and moneys earned 60 on the fund shall be credited to the fund. 61 SCS HB 2202 17 161.380. 1. Subject to appropriations, the department 1 of elementary and secondary education shall establish the 2 "Competency-Based Education Grant Program". 3 2. (1) There is hereby created in the state treasury 4 the "Competency-Based Education Grant Program Fund". The 5 fund shall consist of any appropriations to such fund and 6 any gifts, contributions, grants, or bequests received from 7 private or other sources for the purpose of providing 8 competency-based education programs. The state treasurer 9 shall be custodian of the fund. In accordance with sections 10 30.170 and 30.180, the state treasurer may approve 11 disbursements of public moneys in accordance with 12 distribution requirements and pro cedures developed by the 13 department of elementary and secondary education. The fund 14 shall be a dedicated fund and, upon appropriation, moneys in 15 the fund shall be used solely for the administration of this 16 section. 17 (2) Notwithstanding the provis ions of section 33.080 18 to the contrary, any moneys remaining in the fund at the end 19 of the biennium shall not revert to the credit of the 20 general revenue fund. 21 (3) The state treasurer shall invest moneys in the 22 fund in the same manner as other fu nds are invested. Any 23 interest and moneys earned on such investments shall be 24 credited to the fund. 25 3. The department of elementary and secondary 26 education shall award grants from the competency -based 27 education grant program fund to eligible sch ool districts 28 for the purpose of providing competency -based education 29 programs. A school district wishing to receive such a grant 30 shall submit an application to the department of elementary 31 and secondary education addressing: 32 SCS HB 2202 18 (1) A core mission that competency-based education 33 courses shall help achieve; 34 (2) A plan that outlines competency -based education 35 courses and key metrics that will show success; 36 (3) Resources available to the school and in the 37 community that will assist in cr eating successful competency - 38 based outcomes; and 39 (4) Resources and support needed to help the school 40 succeed in implementing competency -based education courses. 41 4. The department of elementary and secondary 42 education shall facilitate the cre ation, sharing, and 43 development of course assessments, curriculum, training and 44 guidance for teachers, and best practices for the school 45 districts that offer competency -based education courses. 46 5. For purposes of this section, the term "competency - 47 based education program" means an educational program that: 48 (1) Affords students flexibility to progress and earn 49 course credit upon demonstration of mastery, including 50 through early high school graduation; 51 (2) Provides individual learning and assessment 52 options, including through experiential and project -based 53 learning, online or blended learning, additional remedial 54 education time, and accelerated -pace curricula; 55 (3) Assesses student proficiency based on graduate 56 profiles describing meaningful and critical knowledge and 57 skills that students should have upon graduation; or 58 (4) Assesses student proficiency through tasks 59 developed both locally and at the state level, performance 60 of which demonstrate mastery. 61 6. The department of elementary and secondary 62 education shall promulgate all necessary rules and 63 regulations for the administration of this section. Any 64 SCS HB 2202 19 rule or portion of a rule, as that term is defined in 65 section 536.010, that is created under the authority 66 delegated in this section shall become effective only if it 67 complies with and is subject to all of the provisions of 68 chapter 536 and, if applicable, section 536.028. This 69 section and chapter 536 are nonseverable and if any of the 70 powers vested with th e general assembly pursuant to chapter 71 536 to review, to delay the effective date, or to disapprove 72 and annul a rule are subsequently held unconstitutional, 73 then the grant of rulemaking authority and any rule proposed 74 or adopted after August 28, 2022, shall be invalid and void. 75 161.385. 1. There is hereby established the 1 "Competency-Based Education Task Force" to study and develop 2 competency-based education programs in public schools. Task 3 force members shall be chosen to repres ent the geographic 4 diversity of the state. Task force members shall be 5 appointed for a term of two years and may be reappointed. 6 All task force members shall be appointed before October 31, 7 2022, and every other year thereafter by December thirty - 8 first of that year. The task force members shall be 9 appointed as follows: 10 (1) Two members of the house of representatives 11 appointed by the speaker of the house of representatives, 12 with one such member from the majority party and one such 13 member from the minority party; 14 (2) Two members of the senate appointed by the 15 president pro tempore of the senate, with one such member 16 from the majority party and one such member from the 17 minority party; 18 (3) The commissioner of the department of el ementary 19 and secondary education or his or her designee; and 20 SCS HB 2202 20 (4) Four members appointed by the governor. Two 21 members shall each represent a separate school district that 22 offers competency-based education courses. 23 2. The members of the task force established under 24 subsection 1 of this section shall elect a chair from among 25 the membership of the task force. The task force shall meet 26 as needed to complete its consideration of its objectives as 27 established in subsections 4 and 5 of this sec tion. Any 28 vacancy on the task force shall be filled in the same manner 29 as the original appointment. Members of the task force 30 shall serve without compensation, but shall be entitled to 31 reimbursement for actual and necessary expenses incurred in 32 the performance of official duties. 33 3. The department of elementary and secondary 34 education shall provide such legal, research, clerical, and 35 technical services as the task force may require in the 36 performance of official duties. 37 4. The task force shall: 38 (1) Work toward implementing competency -based 39 education courses statewide and devising a plan for Missouri 40 to lead the way in competency -based education courses; 41 (2) Solicit input from individuals and organizations 42 with information or expertise relevant to the task force's 43 objective, including experts and educators with experience 44 related to competency -based education programs; 45 (3) Hold at least three public hearings to provide an 46 opportunity to receive public testimony inc luding, but not 47 limited to, testimony from educators, local school boards, 48 parents, representatives from business and industry, labor 49 and community leaders, members of the general assembly, and 50 the general public; 51 SCS HB 2202 21 (4) Identify promising competenc y-based education 52 programs, including programs that: 53 (a) Afford students flexibility to progress and earn 54 course credit upon demonstration of mastery, including 55 through early high school graduation; 56 (b) Provide individual learning and assess ment 57 options, including through experiential and project -based 58 learning, online or blended learning, additional remedial 59 education time, and accelerated -pace curricula; 60 (c) Assess student proficiency through tasks developed 61 both locally and at th e state level, performance of which 62 demonstrate mastery; 63 (5) Identify obstacles to implementing competency - 64 based education programs in Missouri public schools; 65 (6) Develop comprehensive graduate profiles that 66 describe meaningful and critical knowledge skills that 67 students should have upon graduation that can be implemented 68 into a diploma designation; 69 (7) Develop findings and recommendations for 70 implementing competency -based education models and practices 71 in Missouri public schools, including recommending changes 72 to existing legislation, rules, and regulations; and 73 (8) Develop findings and recommendations for 74 implementing a competency -based performance assessment that: 75 (a) Is consistent with the most effective competency - 76 based education programs identified by the task force under 77 subdivision (3) of this subsection; 78 (b) Assesses students based on both locally developed 79 and common statewide performance tasks tied to grade and 80 course competencies aligned with state content standards; and 81 (c) Complies with all applicable federal law, 82 including 20 U.S.C. Section 6311(b)(1)(B), as amended. To 83 SCS HB 2202 22 the extent that implementing a competency -based performance 84 assessment would require the department of elementary and 85 secondary education to obtain innovative assessment and 86 accountability demonstration authority under 20 U.S.C. 87 Section 6364, as amended, the task force shall develop 88 findings and recommendations for obtaining such authority. 89 5. The task force shall present its findings and 90 recommendations to the speaker of the house of 91 representatives, the president pro tempore of the senate, 92 the joint committee on education, and the state board of 93 education by December first annually. 94 162.1255. 1. For purposes of this section, the 1 following terms shall mean: 2 (1) "Competency-based credit", credit awarded by 3 school districts and charter schools to high school students 4 upon demonstration of competency as determined by a school 5 district. Such credit shall be awarded upon receipt of 6 "proficient" or "advanced" on an end -of-course assessment; 7 (2) "Prior year average attendance percentage", the 8 quotient of the district or charter school's prior year 9 average daily attendance divi ded by the district or charter 10 school's prior year average yearly enrollment. 11 2. School districts and charter schools shall receive 12 state school funding under sections 163.031, 163.043, 13 163.044, and 163.087 for resident pupils enrolled in the 14 school district or charter school and taking competency - 15 based courses offered by the school district. 16 3. For purposes of calculation and distribution of 17 state aid under section 163.031, attendance of a student 18 enrolled in a district's or charter scho ol's competency- 19 based courses shall equal, upon course completion, the 20 product of the district or charter school's prior year 21 SCS HB 2202 23 average attendance percentage multiplied by the total number 22 of attendance hours normally allocable to a noncompetency - 23 based course of equal credit value. 24 167.268. 1. Each [local] school district and charter 1 school shall have on file a policy for reading 2 [intervention] success plans [for any pupils of the district 3 in grades kindergarten through three purs uant to the 4 provisions of this section. Such plans shall identify 5 strategies to be followed by the district teachers to raise 6 a pupil identified as reading below grade level by 7 recognized methods to reading at grade level by the end of 8 the third grade. Recognized methods of identification may 9 include but need not be limited to the scores of the pupil 10 obtained through any established standardized testing 11 program currently administered by the district, observations 12 of classroom teachers, and docume nted classroom 13 performance]. Each school district and charter school 14 shall provide all parents and guardians of students, 15 including parents of students who are identified as having a 16 substantial deficiency in reading under subsection 1 of 17 section 167.645, with suggestions for regular parent -guided 18 home reading. 19 2. [The state board of education ] The department of 20 elementary and secondary education shall develop guidelines 21 to assist districts and charter schools in formulating 22 policies for reading [intervention] success plans. Such 23 guidelines may include, but are not limited to, measures of 24 reading proficiency, strategies for addressing reading 25 deficiencies, timelines for measuring pupil improvement in 26 reading, and information on screenin g [for and treatment] of 27 [auditory] dyslexia[, and information on the Lindamood 28 Auditory Conceptualization Test and the Auditory 29 SCS HB 2202 24 Discrimination in Depth Program ]. Such guidelines may also 30 identify performance levels for pupils identified as 31 handicapped or severely handicapped and conditions under 32 which such pupils [are] may be exempt from the provisions of 33 this section and section 167.645. 34 3. [Each local school district enrolling a pupil 35 identified as reading below grade level shall develop a n 36 individual plan of reading intervention for such pupil. The 37 individual pupil's plan may include individual or group 38 reading development activities. The plan may be developed 39 after consultation with the pupil's parent or legal 40 guardian] Each school district and charter school shall 41 provide intensive reading instruction to students as 42 provided in section 167.645 . 43 167.630. 1. Each school board may authorize a school 1 nurse licensed under chapter 335 who is employed by the 2 school district and for whom the board is responsible for to 3 maintain an adequate supply of prefilled auto syringes of 4 epinephrine with fifteen -hundredths milligram or three - 5 tenths milligram delivery at the school. The nurse shall 6 recommend to the school b oard the number of prefilled 7 epinephrine auto syringes that the school should maintain. 8 2. To obtain prefilled epinephrine auto syringes for a 9 school district, a prescription written by a licensed 10 physician, a physician's assistant, or nurse pract itioner is 11 required. For such prescriptions, the school district shall 12 be designated as the patient, the nurse's name shall be 13 required, and the prescription shall be filled at a licensed 14 pharmacy. 15 3. A school nurse [or], agent trained by a nurs e and 16 contracted for the transportation of school children, or 17 other school employee trained by and supervised by the 18 SCS HB 2202 25 nurse, shall have the discretion to use an epinephrine auto 19 syringe on any student the school nurse [or], trained 20 employee, or trained agent contracted for the transportation 21 of school children believes is having a life -threatening 22 anaphylactic reaction based on the training in recognizing 23 an acute episode of an anaphylactic reaction. The 24 provisions of section 167.624 concerning im munity from civil 25 liability for trained employees administering lifesaving 26 methods shall apply to trained employees administering a 27 prefilled auto syringe under this section. Trained agents 28 contracted for the transportation of school children shall 29 have immunity from civil liability for administering a 30 prefilled auto syringe under this section. 31 167.640. 1. School districts [may] shall adopt a 1 policy with regard to student promotion which may require 2 remediation as a condition o f promotion to the next grade 3 level for any student identified by the district as failing 4 to master skills and competencies established for that 5 particular grade level by the district board of education. 6 School districts may also require parents or gu ardians of 7 such students to commit to conduct home -based tutorial 8 activities with their children or, in the case of a student 9 with disabilities eligible for services pursuant to sections 10 162.670 to 162.1000, the individual education plan shall 11 determine the nature of parental involvement consistent with 12 the requirements for a free, appropriate public education. 13 2. Such remediation shall recognize that different 14 students learn differently and shall employ methods designed 15 to help these students achieve at high levels. Such 16 remediation may include, but shall not necessarily be 17 limited to, a mandatory summer school program focused on the 18 areas of deficiency or other such activities conducted by 19 SCS HB 2202 26 the school district outside of the regular schoo l day. 20 Decisions concerning the instruction of a child who receives 21 special educational services pursuant to sections 162.670 to 22 162.1000 shall be made in accordance with the child's 23 individualized education plan. 24 3. School districts providing r emediation pursuant to 25 this section or section 167.645 outside of the traditional 26 school day may count extra hours of instruction in the 27 calculation of average daily attendance as defined in 28 section 163.011. 29 167.645. 1. [For purposes of this section, the 1 following terms mean: 2 (1) "Reading assessment", a recognized method of 3 judging a student's reading ability, with results expressed 4 as reading at a particular grade level. The term reading 5 assessment shall include, but is not limited to, standard 6 checklists designed for use as a student reads out loud, 7 paper-and-pencil tests promulgated by nationally recognized 8 organizations and other recognized methods of determining a 9 student's reading accuracy, expression, fluency an d 10 comprehension in order to make a determination of the 11 student's grade-level reading ability. Assessments which do 12 not give a grade-level result may be used in combination 13 with other assessments to reach a grade -level 14 determination. Districts are encouraged but not required to 15 select assessment methods identified pursuant to section 16 167.346. Districts are also encouraged to use multiple 17 methods of assessment; 18 (2) "Summer school", for reading instruction purposes, 19 a minimum of forty hours of reading instruction and 20 practice. A school district may arrange the hours and days 21 SCS HB 2202 27 of instruction to coordinate with its regular program of 22 summer school. 23 2. For purposes of this section, methods of reading 24 assessment shall be determined by e ach school district. 25 Unless a student has been determined in the current school 26 year to be reading at grade level or above, each school 27 district shall administer a reading assessment or set of 28 assessments to each student within forty -five days of the 29 end of the third-grade year, except that the provisions of 30 this subsection shall not apply to students receiving 31 special education services under an individualized education 32 plan pursuant to sections 162.670 to 162.999, to students 33 receiving services pursuant to Section 504 of the 34 Rehabilitation Act of 1973 whose services plan includes an 35 element addressing reading or to students determined to have 36 limited English proficiency or to students who have been 37 determined, prior to the beginning of any sc hool year, to 38 have a cognitive ability insufficient to meet the reading 39 requirement set out in this section, provided that districts 40 shall provide reading improvement plans for students 41 determined to have such insufficient cognitive ability. The 42 assessment required by this subsection shall also be 43 required for students who enter a school district in grades 44 four, five or six unless such student has been determined in 45 the current school year to be reading at grade level or 46 above. 47 3. Beginning with school year 2002 -03, for each 48 student whose third-grade reading assessment determines that 49 such student is reading below second -grade level, the school 50 district shall design a reading improvement plan for the 51 student's fourth-grade year. Such reading improvement plan 52 shall include, at a minimum, thirty hours of additional 53 SCS HB 2202 28 reading instruction or practice outside the regular school 54 day during the fourth -grade year. The school district shall 55 determine the method of reading instruction necessary to 56 enforce this subsection. The school district may also 57 require the student to attend summer school for reading 58 instruction as a condition of promotion to fourth grade. 59 The department of elementary and secondary education may, 60 from funds appropriat ed for the purpose, reimburse school 61 districts for additional instructional personnel costs 62 incurred in the implementation and execution of the thirty 63 hours of additional reading instruction minus the revenue 64 generated by the school district through th e foundation 65 formula for the additional reading instruction average daily 66 attendance. 67 4. Each student for whom a reading improvement plan 68 has been designed pursuant to subsection 3 of this section 69 shall be given another reading assessment, to be 70 administered within forty -five days of the end of such 71 student's fourth-grade year. If such student is determined 72 to be reading below third -grade level, the student shall be 73 required to attend summer school to receive reading 74 instruction. At the end of such summer school instruction, 75 such student shall be given another reading assessment. If 76 such student is determined to be reading below third -grade 77 level, the district shall notify the student's parents or 78 guardians, and the student shall not be promoted to fifth 79 grade. No student shall be denied promotion more than once 80 solely for inability to meet the reading standards set out 81 in this section. 82 5. The process described in subsections 3 and 4 of 83 this section shall be repeated as necess ary through the end 84 of the sixth grade, with the target grade level rising 85 SCS HB 2202 29 accordingly. Mandatory retention in grade shall not apply 86 to grades subsequent to fourth grade. 87 6. The mandatory process of additional reading 88 instruction pursuant to thi s section shall cease at the end 89 of the sixth grade. The permanent record of students who 90 are determined to be reading below the fifth -grade level at 91 the end of sixth grade shall carry a notation advising that 92 such student has not met minimal reading standards. The 93 notation shall stay on the student's record until such time 94 as the district determines that a student has met minimal 95 reading standards. 96 7. Each school district shall be required to offer 97 summer school reading instruction to any s tudent with a 98 reading improvement plan. Districts may fulfill the 99 requirement of this section through cooperative arrangements 100 with neighboring districts; provided that such districts 101 shall timely make all payments provided pursuant to such 102 cooperative agreements. 103 8. A school district may adopt a policy that requires 104 retention in grade of any student who has been determined to 105 require summer school instruction in reading and who does 106 not fulfill the summer school attendance requirement. 107 9. Nothing in this section shall preclude a school 108 district from retaining any student in grade when a 109 determination is made in accordance with district policy 110 that retention is in the best interests of the student. 111 10. The state board of educati on shall not incorporate 112 information about the number of students receiving 113 additional instruction pursuant to this section into any 114 element of any standard of the Missouri school improvement 115 program or its successor accreditation program; provided, 116 however, each district shall make available, upon the 117 SCS HB 2202 30 request of any parent, patron, or media outlet within the 118 district, the number and percentage of students receiving 119 remediation pursuant to this section. The information shall 120 be presented in a way that does not permit personal 121 identification of any student or educational personnel. 122 11. Each school district shall make a systematic 123 effort to inform parents of the methods and materials used 124 to teach reading in kindergarten through fourth grade , in 125 terms understandable to a layperson and shall similarly 126 inform parents of students for whom a reading improvement 127 plan is required pursuant to this section ] Each school 128 district and charter school shall assess all students 129 enrolled in kindergarte n through grade three at the 130 beginning and end of each school year for their level of 131 reading or reading readiness on state -approved reading 132 assessments. Additionally all school districts and charter 133 schools shall assess any newly enrolled student in grades 134 one through five for their level of reading or reading 135 readiness on a reading assessment from the state -approved 136 list. At the beginning of the school year, each school 137 district and charter school shall provide a reading success 138 plan to any student who: 139 (1) Exhibits a substantial deficiency in reading which 140 creates a barrier to the child's progress learning to read. 141 The identification of such deficiency may be based upon the 142 most recent assessments or teacher observation; or 143 (2) Has been identified as being at risk of dyslexia 144 in the statewide dyslexia screening or has a formal 145 diagnosis of dyslexia. 146 For the purposes of this section, a substantial reading 147 deficiency shall refer to a student who is one or more grade 148 SCS HB 2202 31 level or levels behind in reading or reading readiness; 149 provided that nothing in this section shall be interpreted 150 to prevent a school district or charter school from offering 151 a reading success plan to any student based on an assessment 152 completed at the start and end of the school year or teacher 153 observation. For any student entering the school district 154 or charter school after the start of the school year, such 155 student shall be provided a reading success plan in the 156 event the student has been identified as ha ving a 157 substantial reading deficiency based on the student's most 158 recent assessment or otherwise being identified through 159 teacher observation. The student's reading proficiency 160 shall be reassessed by reading assessments on the state - 161 approved list. The student shall continue to be provided 162 with intensive reading instruction under a reading success 163 plan until the reading deficiency is remedied. 164 2. The district or charter school shall notify the 165 parent or guardian of any student in kindergarten through 166 grade three who exhibits a substantial deficiency in 167 reading, as described in subsection 1 of this section, at 168 least annually in writing, and in an appropriate, 169 alternative manner for the parent or other guardian if 170 necessary, of the followin g: 171 (1) That the child has been identified as having a 172 substantial deficiency in reading; 173 (2) A description of the services currently provided 174 to the child; 175 (3) A description of the proposed supplemental 176 instructional services and suppo rts that the school district 177 will provide to the child that are designed to remediate the 178 identified area of reading deficiency. For students 179 identified being at risk of dyslexia or those that have a 180 SCS HB 2202 32 diagnosis of dyslexia the district shall provide an 181 explanation that the instruction that will be used to teach 182 the child reading shall be explicit, systematic, and 183 diagnostic and based on phonological awareness, phonics, 184 fluency, vocabulary, comprehension, morphology, syntax, and 185 semantics; 186 (4) Strategies for parents and guardians to use in 187 helping the child succeed in reading proficiency, including 188 but not limited to the promotion of parent -guided home 189 reading. 190 3. If the school district or charter school provides a 191 summer reading program under this section, the district or 192 charter school shall notify the parent or guardian of each 193 student who exhibits a substantial deficiency in reading of 194 the opportunity to attend the summer reading program. 195 4. If a student has a substantial reading deficiency 196 at the end of third grade, the student's parent or guardian 197 and appropriate school staff shall discuss whether the 198 student should be retained in grade level, based on a 199 consideration of all relevant factors, including the reading 200 deficiency, the student's progress in other subject areas, 201 and the student's overall intellectual, physical, emotional, 202 and social development. A decision to promote or retain a 203 student with a substantial reading deficiency at the end of 204 grade three shall be made only after direct personal 205 consultation with the student's parent or guardian and after 206 the formulation of a specific plan of action to remedy the 207 student's reading deficiency. 208 5. Each school district or charter school shall do all 209 of the following: 210 (1) Provide students who are identified as having a 211 substantial deficiency in reading under subsection 1 of this 212 SCS HB 2202 33 section, have been identified as being at risk of dyslexia 213 in the statewide dyslexia screening or have a formal 214 diagnosis of dyslexia with intensive instructional services 215 and supports specified in a reading success plan, as 216 appropriate according to student need, free of charge, to 217 remediate the identified areas of reading deficiency, 218 including additional scientific, evidence-based reading 219 instruction and other strategies prescribed by the school 220 district or charter school which may include but are not 221 limited to the following: 222 (a) Small group or individual instruction; 223 (b) Reduced teacher-student ratios; 224 (c) More frequent progress monitoring; 225 (d) Tutoring or mentoring; 226 (e) Extended school day, week, or year; and 227 (f) Summer reading programs; 228 (2) For any student with a formal diagnosis of 229 dyslexia or for a student who was fou nd to be at risk of 230 dyslexia in the statewide dyslexia screening, the school 231 district or charter school shall provide evidence -based 232 reading instruction that addresses phonology, sound -symbol 233 association, syllable instruction, morphology, syntax, and 234 semantics provided through systematic, cumulative, explicit, 235 and diagnostic methods; 236 (3) At regular intervals, but no less than four times 237 per year in a manner that reflects progress through each 238 school term, notify the parent or guardian of acade mic and 239 other progress being made by the student and give the parent 240 or guardian other useful information. 241 (4) In addition to required reading enhancement and 242 acceleration strategies, provide all parents of students, 243 including parents of students who are identified as having a 244 SCS HB 2202 34 substantial deficiency in reading under subsection 1 of this 245 section, with a plan that includes suggestions for regular 246 parent-guided home reading. 247 6. Each school district and charter school shall 248 ensure that intensive reading instruction through a reading 249 development initiative shall be provided to each 250 kindergarten through grade five student who is assessed as 251 exhibiting a substantial deficiency in reading. In addition 252 to the requirements otherwise provided, such instruction 253 will also comply with all of the following criteria: 254 (1) Be provided to all kindergarten through grade five 255 students who exhibit a substantial deficiency in reading 256 under this section. The assessments shall measure phonemic 257 awareness, phonics, fluency, vocabulary, and comprehension; 258 (2) Be provided during regular school hours; 259 (3) Provide a reading curriculum that meets the 260 requirements of section 170.014, and at a minimum has the 261 following specifications: 262 (a) Assists students assessed as exhibiting a 263 substantial deficiency in reading to develop the skills to 264 read at grade level; 265 (b) Provides skill development in phonemic awareness, 266 phonics, fluency, vocabulary, and comprehension; 267 (c) Includes a scientifically based and reliable 268 assessment; 269 (d) Provides initial and ongoing analysis of each 270 student's reading progress; and 271 (e) Provides a curriculum in core academic subjects to 272 assist the student in maintaining or meeting proficiency 273 levels for the appropriate grade in all academic subjects. 274 7. School districts and charter schools shall report 275 to the department the specific intensive reading 276 SCS HB 2202 35 interventions and supports implemented by the school 277 district or charter school pursua nt to this section as well 278 as the reading assessment data collected for grades 279 kindergarten through five. The department shall annually 280 prescribe the components of required or requested reports. 281 8. (1) Each school district and charter school sha ll 282 address reading proficiency as part of its comprehensive 283 school improvement plan, drawing upon information about 284 children from assessments conducted pursuant to subsection 1 285 and the prevalence of deficiencies identified by classroom, 286 elementary school, and other student characteristics. As 287 part of its comprehensive school improvement plan or 288 contract, each school district or charter school shall 289 review chronic early elementary absenteeism for its impact 290 on literacy development. If more than fifteen percent of an 291 attendance center's students are not at grade level in 292 reading by the end of third grade, the comprehensive school 293 improvement plan or contract shall include strategies to 294 reduce that percentage, including school and community 295 strategies to raise the percentage of students who are 296 proficient in reading. 297 (2) Each school district and charter school shall 298 provide professional development services to enhance the 299 skills of elementary teachers in responding to children's 300 unique reading issues and needs and to increase the use of 301 evidence-based strategies. 302 167.903. 1. The department of elementary and 1 secondary education shall establish a process by which each 2 student prior to [his or her] the student's ninth grade year 3 at a public school, including a charter school, [may] shall 4 develop with help from the student's parent or guardian and 5 the school's guidance counselors [a personal] an individual 6 SCS HB 2202 36 career and academic plan of study, which shall be reviewed 7 [regularly, as needed ] annually by [school personnel] the 8 school's guidance counselors and the student's parent or 9 guardian and updated based upon the needs of the student. 10 Each plan shall present a sequence of courses and 11 experiences that conclude w ith the student reaching [his or 12 her] the student's postsecondary goals, with implementation 13 of the plan of study transferring to the program of 14 postsecondary education or training upon the student's high 15 school graduation. The plan shall include, but not be 16 limited to: 17 (1) Requirements for graduation from the school 18 district or charter school; 19 (2) Career or postsecondary goals; 20 (3) Coursework or program of study related to career 21 and postsecondary goals, which shall include, if re levant, 22 opportunities that the district or school may not directly 23 offer; 24 (4) Grade-appropriate and career -related experiences, 25 as outlined in the grade -level expectations of the Missouri 26 comprehensive guidance program; and 27 (5) Student assessments, interest inventories, or 28 academic results needed to develop, review, and revise the 29 personal plan of study, which shall include, if relevant, 30 assessments, inventories, or academic results that the 31 school district or charter school may not offe r. 32 2. Each school district shall adopt a policy to permit 33 the waiver of the requirements of this section for any 34 student with a disability if recommended by the student's 35 IEP committee. For purposes of this subsection, "IEP" means 36 individualized education program. 37 SCS HB 2202 37 3. Each student prior to the completion of the second 38 semester of the student's twelfth -grade year shall include, 39 as part of the student's individual career and academic 40 plan, a declaration of the student's postsecondary plans 41 including, but not limited to, the following: 42 (1) Confirmation of employment upon graduation; 43 (2) Acceptance to an institution of higher education, 44 whether a two-year institution or a four -year institution; 45 (3) Acceptance to participate in a vocational, 46 technical, or other training program designed to prepare the 47 student for employment; or 48 (4) Commitment to enlist in the Armed Forces of the 49 United States. 50 167.907. 1. No student shall receive a certificate of 1 graduation from any public school or charter school unless 2 the student has completed and submitted the Free Application 3 for Federal Student Aid, as maintained by the United States 4 Department of Education. 5 2. A student shall be exempt from the re quirement to 6 complete or submit the Free Application for Federal Student 7 Aid under subsection 1 of this section if such student 8 submits to the student's school: 9 (1) Written confirmation of a commitment to enlist in 10 the Armed Forces of the United States; or 11 (2) A written document or form, signed by the 12 student's parent or guardian, attesting that the student 13 understands what the application is and has chosen not to 14 file such application. 15 3. A student shall be exempt from the requirem ent to 16 complete or submit the Free Application for Federal Student 17 Aid under subsection 1 of this section if such student is 18 SCS HB 2202 38 unable to complete the application because of extenuating 19 circumstances. 20 4. The department of elementary and secondary 21 education shall establish a process by which each student 22 adheres to subsection 1 of this section unless the student 23 is exempt under the criteria under subsection 2 or 24 subsection 3 of this section. 25 5. This section shall become effective on July 1, 2023. 26 167.908. 1. The department of higher education and 1 workforce development shall, by rule, establish a procedure 2 for providing the means and capability for high school 3 students enrolled in career and technical education programs 4 described in section 170.029 to complete an application for 5 aid through the Employment and Training Administration of 6 the United States Department of Labor under the federal 7 Workforce Innovation and Opportunity Act. The department 8 shall work with school districts that deliver career and 9 technical education programs to educate students on the 10 value of the aid that is available to them through the 11 federal Workforce Innovation and Opportunity Act, P.L. 113 - 12 128, as amended. 13 2. To accomplish the purposes of subsection 1 of this 14 section, the department shall ensure that the following 15 percentages of all department of elementary and secondary 16 education area career centers that deliver career and 17 technical education programs have the means and ca pability 18 for students at such schools to complete an application for 19 aid through the Employment and Training Administration of 20 the United States Department of Labor under the federal 21 Workforce Innovation and Opportunity Act, P.L. 113 -128, as 22 amended: 23 (1) For the 2022-23 school year, fifty percent; 24 SCS HB 2202 39 (2) For the 2023-24 school year, seventy percent; 25 (3) For the 2024-25 school year, ninety percent; and 26 (4) For the 2025-26 school year and every school year 27 thereafter, one hundred pe rcent. 28 170.014. 1. This section shall be known as the 1 "Reading Instruction Act" and is enacted to ensure that all 2 public schools including charter schools establish reading 3 programs in kindergarten through grade [three] five based in 4 scientific research. "Evidence-based reading instruction" 5 includes practices that have been proven effective through 6 evaluation of the outcomes for large numbers of students and 7 are highly likely to be effective in improving reading if 8 implemented with fidelity. Such programs shall include the 9 essential components of phonemic awareness, phonics, 10 fluency, vocabulary, and comprehension, and all new teachers 11 who teach reading in kindergarten through grade three shall 12 receive adequate training in t hese areas. 13 2. [The program described in subsection 1 of this 14 section may include "explicit systematic phonics", which, 15 for the purposes of this section, shall mean the methodology 16 of pronouncing and reading words by learning the phonetic 17 sound association of individual letters, letter groups, and 18 syllables, and the principles governing these associations. 19 3.] Every public school in the state shall offer a 20 reading program as described in subsection 1 of this section 21 for kindergarten throu gh grade [three] five. 22 170.018. 1. (1) For purposes of this section, 1 "computer science course" means a course in which students 2 study computers and algorithmic processes, including their 3 principles, hardware and software designs, i mplementation, 4 and impact on society. The term shall include, but not be 5 limited to, a stand-alone course at any elementary, middle, 6 SCS HB 2202 40 or high school or a course at any elementary or middle 7 school that embeds computer science content within other 8 subjects. 9 (2) The department of elementary and secondary 10 education shall, before July 1, 2019, develop a high school 11 graduation policy that allows a student to fulfill one unit 12 of academic credit with a district -approved computer science 13 course meeting the standards of subsection 2 of this section 14 for any mathematics, science, or practical arts unit 15 required for high school graduation. The policy shall 16 require that all students have either taken all courses that 17 require end-of-course examinations for math and science or 18 are on track to take all courses that require end -of-course 19 examinations for math and science under the Missouri school 20 improvement program in order to receive credit toward high 21 school graduation under this subsection. 22 (3) A school district shall communicate to students 23 electing to use a computer science course for a mathematics 24 unit that some institutions of higher education may require 25 four units of academic credit in mathematics for college 26 admission. The parent, guardian, or legal custodian of each 27 student who chooses to take a computer science course to 28 fulfill a unit of academic credit in mathematics shall sign 29 and submit to the school district a document containing a 30 statement acknowledging that taking a com puter science 31 course to fulfill a unit of academic credit in mathematics 32 may have an adverse effect on college admission decisions. 33 (4) The department of elementary and secondary 34 education and the department of higher education and 35 workforce development shall cooperate in developing and 36 implementing academic requirements for computer science 37 SCS HB 2202 41 courses offered in any grade or grades not lower than the 38 ninth nor higher than the twelfth grade. 39 2. (1) The department of elementary and secondary 40 education shall convene a work group to develop and 41 recommend rigorous academic performance standards relating 42 to computer science for students in kindergarten and in each 43 grade not higher than the twelfth grade. The work group 44 shall include, but no t be limited to, educators providing 45 instruction in kindergarten or in any grade not higher than 46 the twelfth grade and representatives from the department of 47 elementary and secondary education, the department of higher 48 education and workforce developme nt, business and industry, 49 and institutions of higher education. The department of 50 elementary and secondary education shall develop written 51 curriculum frameworks relating to computer science that may 52 be used by school districts. The requirements of s ection 53 160.514 shall not apply to this section. 54 (2) The state board of education shall adopt and 55 implement academic performance standards relating to 56 computer science beginning in the 2019 -20 school year. 57 3. Before July 1, 2019, the departme nt of elementary 58 and secondary education shall develop a procedure by which 59 any teacher who holds a certificate of license to teach 60 under section 168.021 and demonstrates sufficient content 61 knowledge of computer science shall receive a special 62 endorsement on [his or her] the teacher's license signifying 63 [his or her] the teacher's specialized knowledge in computer 64 science. 65 4. (1) For purposes of this subsection, "eligible 66 entity" means: 67 (a) A local educational agency, or a consortium of 68 local educational agencies, in the state, including charter 69 SCS HB 2202 42 schools that have declared themselves local educational 70 agencies; 71 (b) An institution of higher education in the state; or 72 (c) A nonprofit or private provider of nationally 73 recognized and high-quality computer science professional 74 development, as determined by the department of elementary 75 and secondary education. 76 (2) There is hereby created in the state treasury the 77 "Computer Science Education Fund". The fund shall consist 78 of all moneys that may be appropriated to it by the general 79 assembly and any gifts, contributions, grants, or bequests 80 received from private or other sources for the purpose of 81 providing teacher professional development programs relating 82 to computer science. The state treasurer shall be custodian 83 of the fund. In accordance with sections 30.170 and 30.180, 84 the state treasurer may approve disbursements. The fund 85 shall be a dedicated fund and, upon appropriation, moneys in 86 the fund shall be used so lely for the administration of 87 grants to eligible entities as described in this section. 88 Notwithstanding the provisions of section 33.080 to the 89 contrary, any moneys remaining in the fund at the end of the 90 biennium shall not revert to the credit of th e general 91 revenue fund. The state treasurer shall invest moneys in 92 the fund in the same manner as other funds are invested. 93 Any interest and moneys earned on such investments shall be 94 credited to the fund. 95 (3) The state board of education shall award grants 96 from the computer science education fund to eligible 97 entities for the purpose of providing teacher professional 98 development programs relating to computer science. An 99 eligible entity wishing to receive such a grant shall submit 100 SCS HB 2202 43 an application to the department of elementary and secondary 101 education addressing how the entity plans to: 102 (a) Reach new and existing teachers with little 103 computer science background; 104 (b) Use effective practices for professional 105 development; 106 (c) Focus the training on the conceptual foundations 107 of computer science; 108 (d) Reach and support historically underrepresented 109 students in computer science; 110 (e) Provide teachers with concrete experience with 111 hands-on, inquiry-based practices; and 112 (f) Accommodate the particular needs of students and 113 teachers in each district and school. 114 5. (1) For all school years beginning on or after 115 July 1, 2023, each public high school and charter high 116 school shall offer at least one computer science course in 117 an in-person setting or as a virtual or distance course 118 option. 119 (2) Any computer science course or instruction offered 120 under this subsection shall: 121 (a) Be of high quality as defined by the state board 122 of education; 123 (b) Meet or exceed the computer science performance 124 standards developed and adopted by the department of 125 elementary and secondary education under this section; and 126 (c) For any computer science course offered by a 127 public high school or charter high school, be offered in 128 such school's course catalog. 129 (3) On or before June thirtieth of each school year, 130 each school district shall submit to the department of 131 SCS HB 2202 44 elementary and secondary education a report for the current 132 school year which shall in clude, but not be limited to: 133 (a) The names and course codes of computer science 134 courses offered in each school in the district with a course 135 description and which computer science performance standards 136 are covered, to the extent such information is available; 137 (b) The number and percentage of students who enrolled 138 in each computer science course, listed by the categories in 139 subparagraphs a. to f. of this paragraph. If a category 140 contains one to five students or contains a quantity of 141 students that would allow the quantity of another category 142 that contains five or fewer to be deduced, the number shall 143 be replaced with a symbol: 144 a. Sex; 145 b. Race and ethnicity; 146 c. Special education status including, but not limited 147 to, students receiving services under the federal 148 Individuals with Disabilities Education Act (IDEA) (20 149 U.S.C. Section 1400, et seq., as amended) or Section 504 of 150 the federal Rehabilitation Act of 1973 (29 U.S.C. Section 151 794), as amended; 152 d. English language learner status; 153 e. Eligibility for free or reduced price meals; and 154 f. Grade level; and 155 (c) The number of computer science instructors at each 156 school, listed by the following categories: 157 a. Applicable certifications; 158 b. Sex; 159 c. Race and ethnicity; and 160 d. Highest academic degree. 161 SCS HB 2202 45 (4) On or before September thirtieth of each school 162 year, the department of elementary and secondary education 163 shall post the following on the department's website: 164 (a) Data received under paragraphs (a) and (b) of 165 subdivision (3) of this subsection, disaggregated by school 166 and aggregated statewide; and 167 (b) Data received under paragraph (c) of subdivision 168 (3) of this subsection, aggregated statewide. 169 (5) On or before June thirtieth of each school year, 170 the department of elementary and secondary education shall 171 publish a list of computer science course codes and names 172 with a course description and an indication of which courses 173 meet or exceed the depar tment of elementary and secondary 174 education's computer science performance standards. 175 6. The department of elementary and secondary 176 education shall appoint a computer science supervisor. The 177 computer science supervisor shall be responsible for 178 implementing the provisions of this section. 179 7. For all school years beginning on or after July 1, 180 2023, a computer science course successfully completed and 181 counted toward state graduation requirements shall be 182 equivalent to one science course or one practical arts 183 credit for the purpose of satisfying any admission 184 requirements of any public institution of higher education 185 in this state. 186 8. The department of elementary and secondary 187 education shall promulgate rules to implement the provis ions 188 of this section. Any rule or portion of a rule, as that 189 term is defined in section 536.010, that is created under 190 the authority delegated in this section shall become 191 effective only if it complies with and is subject to all of 192 the provisions of chapter 536 and, if applicable, section 193 SCS HB 2202 46 536.028. This section and chapter 536 are nonseverable, and 194 if any of the powers vested with the general assembly 195 pursuant to chapter 536 to review, to delay the effective 196 date, or to disapprove and annul a rule are subsequently 197 held unconstitutional, then the grant of rulemaking 198 authority and any rule proposed or adopted after December 199 18, 2018, shall be invalid and void. 200 170.036. 1. There is hereby established the "Computer 1 Science Education Task Force" within the department of 2 elementary and secondary education. 3 2. The task force shall consist of the following 4 members: 5 (1) Two members of the house of representatives, with 6 one member to be appointed by the speaker of the h ouse of 7 representatives and one member to be appointed by the 8 minority leader of the house of representatives; 9 (2) Two members of the senate, with one member to be 10 appointed by the president pro tempore of the senate and one 11 member to be appointe d by the minority leader of the senate; 12 (3) The governor or the governor's designee; 13 (4) The commissioner of education or the 14 commissioner's designee; 15 (5) The commissioner of higher education or the 16 commissioner's designee; and 17 (6) Six members who represent the interests of each of 18 the following groups, to be appointed by the commissioner of 19 education: 20 (a) The state board of education; 21 (b) Private industry in this state with interest in 22 computer science; 23 (c) Nonprofit organizations; 24 (d) An association of school superintendents; 25 SCS HB 2202 47 (e) A statewide association representing computer 26 science teachers; and 27 (f) A secondary teacher leader from career and 28 technical education representing computer scienc e teachers. 29 3. The mission of the computer science education task 30 force shall be to develop a state strategic plan for 31 expanding a statewide computer science education program, 32 including the following: 33 (1) A statement of purpose that describ es the 34 objectives or goals the state board of education will 35 accomplish by implementing a computer science education 36 program, the strategies by which those goals will be 37 achieved, and a timeline for achieving those goals; 38 (2) A summary of the cur rent state landscape for K -12 39 computer science education, including demographic reporting 40 of students taking these courses; 41 (3) A plan for expanding computer science education 42 opportunities to every school in the state within five years 43 and increasing the representation of students from 44 traditionally underserved groups, in computer science 45 including female students, students from historically 46 underrepresented racial and ethnic groups, students with 47 disabilities, English -language learner studen ts, students 48 who qualify for free and reduced -price meals, and rural 49 students; 50 (4) A plan for integrating computer science 51 instruction in kindergarten through eighth grades around the 52 basics of computer science and computational thinking and 53 exploratory computer science; 54 (5) A plan for the development of rigorous standards 55 and curriculum guidelines for K -12 computer science, 56 SCS HB 2202 48 including ways to incorporate computer science into existing 57 standards at the elementary level, as appropriate; 58 (6) A plan for ensuring teachers are well -prepared to 59 begin teaching computer science, including defining high - 60 quality professional learning for in -service teachers and 61 strategies for pre-service teacher preparation; 62 (7) An ongoing evaluation process that is overseen by 63 the state board of education; 64 (8) Proposed rules that incorporate the principles of 65 the master plan into the state's public education system as 66 a whole; and 67 (9) A plan to ensure long -term sustainability for 68 computer science education. 69 4. The speaker of the house of representatives shall 70 designate the chair of the task force, and the president pro 71 tempore of the senate shall designate the vice chair of the 72 task force. 73 5. Members of the task force sha ll serve without 74 compensation, but the members and any staff assigned to the 75 task force shall receive reimbursement for actual and 76 necessary expenses incurred in attending meetings of the 77 task force or any subcommittee thereof. All task force 78 members shall be subject to the same conflict of interest 79 provisions in chapter 105 that are enforced by the Missouri 80 ethics commission in the same manner that elected or 81 appointed officials and employees are subject to such 82 provisions. 83 6. The task force shall hold its first meeting within 84 one month from the effective date of this section. 85 7. Before June 30, 2023, the task force shall present 86 a summary of its activities and any recommendations for 87 legislation to the general assembly. 88 SCS HB 2202 49 8. The computer science education task force shall 89 dissolve on June 30, 2024. 90 173.831. 1. As used in this section, the following 1 terms mean: 2 (1) "Academic skill intake assessment", a criterion - 3 referenced assessment of numeracy and literacy skills with 4 high reliability and validity as determined by third -party 5 research; 6 (2) "Accredited", holding an active accreditation from 7 one of the seven United States regional accreditors 8 including, but not limited to, the Middle States Commission 9 on Higher Education, the New England Association of Schools 10 and Colleges, the Higher Learning Commission, the Northwest 11 Commission on Colleges and Universities, the Southern 12 Association of Colleges and Schools, the Western Association 13 of Schools and Colleges, and the Accrediting Commission for 14 Community and Junior Colleges, as well as any successor 15 entities or consolidations of the above including, but not 16 limited to, AdvancEd or Cognia; 17 (3) "Adult dropout recovery services", includ es, but 18 is not limited to, sourcing, recruitment, and engagement of 19 eligible students, learning plan development, active 20 teaching, and proactive coaching and mentoring, resulting in 21 an accredited high school diploma; 22 (4) "Approved program provide r", a public, not-for- 23 profit, or other entity that meets the requirements of 24 subdivision (2) of subsection 3 of this section or any 25 consortium of such entities; 26 (5) "Average cost per graduate", the amount of the 27 total program funding reimbursed t o an approved program 28 provider for each cohort during the period of time from the 29 beginning of the same cohort through the subsequent twelve 30 SCS HB 2202 50 months after the close of the same cohort, divided by the 31 total number of students who graduated from the same cohort 32 within twelve months after the close of the same cohort; 33 (6) "Career pathways coursework", one or more courses 34 that align with the skill needs of industries in the economy 35 of the state or region that help an individual enter or 36 advance within a specific occupation or occupational cluster; 37 (7) "Career placement services", services designed to 38 assist students in obtaining employment, such as career 39 interest self-assessments and job search skills such as 40 resume development and mock in terviews; 41 (8) "Coaching", proactive communication between the 42 approved program provider and the student related to the 43 student's pace and progress through the student's learning 44 plan; 45 (9) "Cohort", students who enter the program between 46 July 1 and June 30 of each program year; 47 (10) "Department", the department of elementary and 48 secondary education; 49 (11) "Employability skills certification", a 50 certificate earned by demonstrating professional 51 nontechnical skills through assessme nt, portfolio, or 52 observation; 53 (12) "Graduate", a student who has successfully 54 completed all of the state and approved program provider 55 requirements in order to obtain a high school diploma; 56 (13) "Graduation rate", the total number of gradua tes 57 from a cohort who graduated within twelve months after the 58 close of the cohort divided by the total number of students 59 included in the same cohort; 60 SCS HB 2202 51 (14) "Graduation requirements", course and credit 61 requirements for the approved program provid er's accredited 62 high school diploma; 63 (15) "High school diploma", a diploma issued by an 64 accredited institution; 65 (16) "Industry-recognized credential", an education - 66 related credential or work -related credential that verifies 67 an individual's qualification or competence issued by a 68 third party with the relevant authority to issue such 69 credential; 70 (17) "Learning plan", a documented plan for courses or 71 credits needed for each individual in order to complete 72 program and approved program provider graduation 73 requirements; 74 (18) "Mentoring", a direct relationship between a 75 coach and a student to facilitate the completion of the 76 student's learning plan designed to prepare the student to 77 succeed in the program and the student's future endeavors; 78 (19) "Milestones", objective measures of progress for 79 which payment is made to an approved program provider under 80 this section such as earned units of high school credit, 81 attainment of an employability skills certificate, 82 attainment of an industry-recognized credential, attainment 83 of a technical skills assessment, and attainment of an 84 accredited high school diploma; 85 (20) "Program", the workforce diploma program 86 established in this section; 87 (21) "Request for qualification s", a request for 88 interested potential program providers to submit evidence 89 that they meet the qualifications established in subsection 90 3 of this section; 91 SCS HB 2202 52 (22) "Stackable credential", a third party credential 92 that is part of a sequence of credent ials that can be 93 accumulated over time to build up an individual's 94 qualifications to advance along a career pathway; 95 (23) "Student", a participant in the program 96 established in this section who is twenty -one years of age 97 or older, who is a reside nt of Missouri, and who has not yet 98 earned a high school diploma; 99 (24) "Technical skills assessment", a criterion - 100 referenced assessment of an individual's skills required for 101 an entry-level career or additional training in a technical 102 field; 103 (25) "Transcript evaluation", a documented summary of 104 credits earned in previous public or private accredited high 105 schools compared with the program and approved program 106 provider graduation requirements; 107 (26) "Unit of high school credit", credit awarded 108 based on a student's demonstration that the student has 109 successfully met the content expectations for the credit 110 area as defined by subject area standards, expectations, or 111 guidelines. 112 2. There is hereby established the "Workforce Diplom a 113 Program" within the department of elementary and secondary 114 education to assist students with obtaining a high school 115 diploma and developing employability and career technical 116 skills. The program may be delivered in campus -based, 117 blended, or online modalities. 118 3. (1) Before September 1, 2022, and annually 119 thereafter, the department shall issue a request for 120 qualifications for interested program providers to become 121 approved program providers and participate in the program. 122 SCS HB 2202 53 (2) Each approved program provider shall meet all of 123 the following qualifications: 124 (a) Be an accredited high school diploma -granting 125 entity; 126 (b) Have a minimum of two years of experience 127 providing adult dropout recovery services; 128 (c) Provide academic skill intake assessments and 129 transcript evaluations to each student. Such academic skill 130 intake assessments may be administered in person or online; 131 (d) Develop a learning plan for each student that 132 integrates graduation requirements and care er goals; 133 (e) Provide a course catalog that includes all courses 134 necessary to meet graduation requirements; 135 (f) Offer remediation opportunities in literacy and 136 numeracy, as applicable; 137 (g) Offer employability skills certification, as 138 applicable; 139 (h) Offer career pathways coursework, as applicable; 140 (i) Ability to provide preparation for industry - 141 recognized credentials or stackable credentials, a technical 142 skills assessment, or a combination thereof; and 143 (j) Offer career placement services, as applicable. 144 (3) Upon confirmation by the department that an 145 interested program provider meets all of the qualifications 146 listed in subdivision (2) of this subsection, an interested 147 program provider shall become an approved program provider. 148 4. (1) The department shall announce the approved 149 program providers before October sixteenth annually, with 150 authorization for the approved program providers to begin 151 enrolling students before November fifteenth annually. 152 (2) Approved program providers shall maintain approval 153 without reapplying annually if the approved program provider 154 SCS HB 2202 54 has not been removed from the approved program provider list 155 under this section. 156 5. All approved program providers shall comply wit h 157 requirements as provided by the department to ensure: 158 (1) An accurate accounting of a student's accumulated 159 credits toward a high school diploma; 160 (2) An accurate accounting of credits necessary to 161 complete a high school diploma; and 162 (3) The provision of coursework aligned to the 163 academic performance standards of the state. 164 6. (1) Except as provided in subdivision (2) of this 165 subsection, the department shall pay an amount as set by the 166 department to approved program providers for the following 167 milestones provided by the approved program provider: 168 (a) Completion of each half unit of high school credit; 169 (b) Attainment of an employability skills 170 certification; 171 (c) Attainment of an industry -recognized credentia l, 172 technical skills assessment, or stackable credential 173 requiring no more than fifty hours of training; 174 (d) Attainment of an industry -recognized credential or 175 stackable credential requiring at least fifty -one but no 176 more than one hundred hours of training; 177 (e) Attainment of an industry -recognized credential or 178 stackable credential requiring more than one hundred hours 179 of training; and 180 (f) Attainment of an accredited high school diploma. 181 (2) No approved program provider shall re ceive funding 182 for a student under this section if the approved program 183 provider receives federal or state funding or private 184 tuition for that student. No approved program provider 185 shall charge student fees of any kind including, but not 186 SCS HB 2202 55 limited to, textbook fees, tuition fees, lab fees, or 187 participation fees unless the student chooses to obtain 188 additional education offered by the approved program 189 provider that is not included in the state -funded program. 190 (3) Payments made under this subsectio n shall be 191 subject to an appropriation made to the department for such 192 purposes. 193 7. (1) Approved program providers shall submit 194 monthly invoices to the department before the eleventh 195 calendar day of each month for milestones met in the 196 previous calendar month. 197 (2) The department shall pay approved program 198 providers in the order in which invoices are submitted until 199 all available funds are exhausted. 200 (3) The department shall provide a written update to 201 approved program providers by the last calendar day of each 202 month. The update shall include the aggregate total dollars 203 that have been paid to approved program providers to date 204 and the estimated number of enrollments still available for 205 the program year. 206 8. Before July sixteenth of each year, each provider 207 shall report the following metrics to the department for 208 each individual cohort, on a cohort -by-cohort basis: 209 (1) The total number of students who have been funded 210 through the program; 211 (2) The total number of credits earned; 212 (3) The total number of employability skills 213 certifications issued; 214 (4) The total number of industry -recognized 215 credentials, stackable credentials, and technical skills 216 assessments earned for each tier of funding; 217 (5) The total number of graduates; 218 SCS HB 2202 56 (6) The average cost per graduate once the stipulated 219 time to make such a calculation has passed; and 220 (7) The graduation rate once the stipulated time to 221 make such a calculation has passed. 222 9. (1) Before September sixteenth of each year, each 223 approved program provider shall conduct and submit to the 224 department the aggregate results of a survey of each 225 individual cohort, on a cohort -by-cohort basis, who 226 graduated from the program of the approved progr am provider 227 under this section. The survey shall be conducted in the 228 year after the year in which the individuals graduate and 229 the next four consecutive years. 230 (2) The survey shall include at least the following 231 data collection elements for each year the survey is 232 conducted: 233 (a) The individual's employment status, including 234 whether the individual is employed full time or part time; 235 (b) The individual's hourly wages; 236 (c) The individual's access to employer -sponsored 237 health care; and 238 (d) The individual's postsecondary enrollment status, 239 including whether the individual has completed a 240 postsecondary certificate or degree program. 241 10. (1) Beginning at the end of the second fiscal 242 year of the program, the department shall review data from 243 each approved program provider to ensure that each is 244 achieving minimum program performance standards including, 245 but not limited to: 246 (a) A minimum fifty percent average graduation rate 247 per cohort; and 248 (b) An average cost per graduate per cohort of seven 249 thousand dollars or less. 250 SCS HB 2202 57 (2) Any approved program provider that fails to meet 251 the minimum program performance standards described in 252 subdivision (1) of this subsection shall be placed on 253 probationary status for the remainder of the fiscal year by 254 the department. 255 (3) Any approved program provider that fails to meet 256 the minimum program performance standards described in 257 subdivision (1) of this subsection for two consecutive years 258 shall be removed from the approved program provider list by 259 the department. 260 11. (1) No approved program provider shall 261 discriminate against a student on the basis of race, color, 262 religion, national origin, ancestry, sex, sexuality, gender, 263 or age. 264 (2) If an approved program provider determines that a 265 student would be better served by participating in a 266 different program, the approved program provider may refer 267 the student to the state's adult basic education services. 268 12. (1) There is hereby created i n the state treasury 269 the "Workforce Diploma Program Fund", which shall consist of 270 any grants, gifts, donations, bequests, or moneys 271 appropriated under this section. The state treasurer shall 272 be custodian of the fund. In accordance with sections 273 30.170 and 30.180, the state treasurer may approve 274 disbursements. The fund shall be a dedicated fund and, upon 275 appropriation, moneys in the fund shall be used solely as 276 provided in this section. 277 (2) Notwithstanding the provisions of section 33.080 278 to the contrary, any moneys remaining in the fund at the end 279 of the biennium shall not revert to the credit of the 280 general revenue fund. 281 SCS HB 2202 58 (3) The state treasurer shall invest moneys in the 282 fund in the same manner as other funds are invested. Any 283 interest and moneys earned on such investments shall be 284 credited to the fund. 285 13. The department may promulgate all necessary rules 286 and regulations for the administration of this section. Any 287 rule or portion of a rule, as that term is defined in 288 section 536.010, that is created under the authority 289 delegated in this section shall become effective only if it 290 complies with and is subject to all of the provisions of 291 chapter 536 and, if applicable, section 536.028. This 292 section and chapter 536 are nonseverable, and if any of the 293 powers vested with the general assembly pursuant to chapter 294 536 to review, to delay the effective date, or to disapprove 295 and annul a rule are subsequently held unconstitutional, 296 then the grant of rulemaking authority an d any rule proposed 297 or adopted after August 28, 2022, shall be invalid and void. 298 14. Under section 23.253 of the Missouri sunset act: 299 (1) The provisions of the new program authorized under 300 this section shall automatically sunset six years aft er the 301 effective date of this section unless reauthorized by an act 302 of the general assembly; and 303 (2) If such program is reauthorized, the program 304 authorized under this section shall automatically sunset 305 twelve years after the effective date of th e reauthorization 306 of this section; and 307 (3) This section shall terminate on September first of 308 the calendar year immediately following the calendar year in 309 which the program authorized under this section is sunset. 310 186.080. 1. The commissioner of education shall 1 establish a literacy advisory council. The council shall 2 consist of no more than twenty members, appointed by the 3 SCS HB 2202 59 commissioner, and shall include members representing the 4 following stakeholder groups: 5 (1) School boards; 6 (2) Charter schools; 7 (3) School superintendents; 8 (4) Elementary and secondary building principals; 9 (5) At least three teachers, including at least two 10 teachers with expertise in reading instruction; 11 (6) At least two special education educators; 12 (7) At least two parents of elementary and secondary 13 school-age pupils who have struggled with literacy 14 proficiency; 15 (8) At least two community members who have struggled 16 with literacy proficiency or supported others who have 17 struggled with literacy proficiency, at least one of whom 18 shall be a high school student; 19 (9) One member from a dyslexia advocacy group; 20 (10) Faculty members of institutions of higher 21 education with approved teacher preparati on programs; 22 (11) Professionals with expertise in reading 23 instruction, reading interventions and how students learn to 24 read including one certified academic language therapist; and 25 (12) Professionals with expertise in educational 26 assessment data analysis. 27 2. The council shall meet at least twice per year to 28 review best practices in literacy instruction and related 29 policy provisions. The department shall provide necessary 30 staff and resources for the work of the advisory council. 31 3. The council shall periodically provide 32 recommendations to the commissioner and the state board of 33 education regarding any identified improvements to literacy 34 instruction and policy for students. The recommendations 35 SCS HB 2202 60 may include recommendations for changes to state law, and 36 the commissioner shall furnish any such recommendations to 37 the joint committee on education. 38 4. The council recommendations shall: 39 (1) Advise the department of elementary and secondary 40 education on how to implement and maintain the statewide 41 literacy plan required under section 161.241 and advise the 42 department, school districts and charter schools on ways to 43 inform and engage parents and other community members about 44 the literacy plan; 45 (2) Provide advice as to what services the department 46 should provide to school districts and charter schools to 47 support implementation of the plan and on staffing levels 48 and resources needed at the department to support the 49 statewide effort to improve literacy; 50 (3) Provide advice regarding the statewide plan for 51 collecting literacy-related data that informs: 52 (a) Literacy instructional practices; 53 (b) Teacher professional development in the field of 54 literacy; 55 (c) What proficiencies and skills shoul d be measured 56 through literacy assessments and how those assessments are 57 incorporated into local assessment plans; and 58 (d) How to identify school progress in achieving 59 literacy outcomes, including closing literacy gaps for 60 students from historica lly underserved populations; 61 (4) Recommend best practices for tiered literacy 62 instruction within a multi -tiered system of supports to best 63 improve and sustain literacy proficiency; 64 (5) Review literacy assessments and outcomes and 65 provide ongoing advice as to how to continuously improve 66 those outcomes and sustain improvement; and 67 SCS HB 2202 61 (6) Provide a means for members of the public to 68 provide input and ask questions concerning literacy issues. 69 302.010. Except where otherwi se provided, when used in 1 this chapter, the following words and phrases mean: 2 (1) "Circuit court", each circuit court in the state; 3 (2) "Commercial motor vehicle", a motor vehicle 4 designed or regularly used for carrying freight and 5 merchandise, or more than fifteen passengers; 6 (3) "Conviction", any final conviction; also a 7 forfeiture of bail or collateral deposited to secure a 8 defendant's appearance in court, which forfeiture has not 9 been vacated, shall be equivalent to a conviction, except 10 that when any conviction as a result of which points are 11 assessed pursuant to section 302.302 is appealed, the term 12 "conviction" means the original judgment of conviction for 13 the purpose of determining the assessment of points, and the 14 date of final judgment affirming the conviction shall be the 15 date determining the beginning of any license suspension or 16 revocation pursuant to section 302.304; 17 (4) "Criminal history check", a search of criminal 18 records, including criminal history record information as 19 defined in section 43.500, maintained by the Missouri state 20 highway patrol in the Missouri criminal records repository 21 or by the Federal Bureau of Investigation as part of its 22 criminal history records, including, but not limited to, any 23 record of conviction, plea of guilty or nolo contendre, or 24 finding of guilty in any state for any offense related to 25 alcohol, controlled substances, or drugs; 26 (5) "Director", the director of revenue acting 27 directly or through the director's auth orized officers and 28 agents; 29 SCS HB 2202 62 (6) "Farm tractor", every motor vehicle designed and 30 used primarily as a farm implement for drawing plows, mowing 31 machines and other implements of husbandry; 32 (7) "Highway", any public thoroughfare for vehicles, 33 including state roads, county roads and public streets, 34 avenues, boulevards, parkways, or alleys in any municipality; 35 (8) "Incompetent to drive a motor vehicle", a person 36 who has become physically incapable of meeting the 37 prescribed requirements of an examination for an operator's 38 license, or who has been adjudged by a probate division of 39 the circuit court in a capacity hearing of being 40 incapacitated; 41 (9) "License", a license issued by a state to a person 42 which authorizes a person to opera te a motor vehicle; 43 (10) "Motor vehicle", any self -propelled vehicle not 44 operated exclusively upon tracks except motorized bicycles, 45 as defined in section 307.180 and electric bicycles, as 46 defined in section 301.010; 47 (11) "Motorcycle", a motor vehicle operated on two 48 wheels; however, this definition shall not include motorized 49 bicycles or electric bicycles as such terms are defined in 50 section 301.010; 51 (12) "Motortricycle", a motor vehicle operated on 52 three wheels, including a motorc ycle operated with any 53 conveyance, temporary or otherwise, requiring the use of a 54 third wheel, but excluding an electric bicycle as defined in 55 section 301.010; 56 (13) "Moving violation", that character of traffic 57 violation where at the time of viol ation the motor vehicle 58 involved is in motion, except that the term does not include 59 the driving of a motor vehicle without a valid motor vehicle 60 registration license, or violations of sections 304.170 to 61 SCS HB 2202 63 304.240, inclusive, relating to sizes and weigh ts of 62 vehicles; 63 (14) "Municipal court", every division of the circuit 64 court having original jurisdiction to try persons for 65 violations of city ordinances; 66 (15) "Nonresident", every person who is not a resident 67 of this state; 68 (16) "Operator", every person who is in actual 69 physical control of a motor vehicle upon a highway; 70 (17) "Owner", a person who holds the legal title of a 71 vehicle or in the event a vehicle is the subject of an 72 agreement for the conditional sale or lease ther eof with the 73 right of purchase upon performance of the conditions stated 74 in the agreement and with an immediate right of possession 75 vested in the conditional vendee or lessee, or in the event 76 a mortgagor of a vehicle is entitled to possession, then 77 such conditional vendee or lessee or mortgagor shall be 78 deemed the owner for the purpose of sections 302.010 to 79 302.540; 80 (18) "Record" includes, but is not limited to, papers, 81 documents, facsimile information, microphotographic process, 82 electronically generated or electronically recorded 83 information, digitized images, deposited or filed with the 84 department of revenue; 85 (19) "Residence address", "residence", or "resident 86 address" shall be the location at which a person has been 87 physically present, and that the person regards as home. A 88 residence address is a person's true, fixed, principal, and 89 permanent home, to which a person intends to return and 90 remain, even though currently residing elsewhere; 91 (20) "Restricted driving privilege ", a sixty-day 92 driving privilege issued by the director of revenue 93 SCS HB 2202 64 following a suspension of driving privileges for the limited 94 purpose of driving in connection with the driver's business, 95 occupation, employment, formal program of secondary, 96 postsecondary or higher education, or for an alcohol 97 education or treatment program or certified ignition 98 interlock provider, or a ninety -day interlock restricted 99 privilege issued by the director of revenue for the limited 100 purpose of driving in connection with the driver's business, 101 occupation, employment, seeking medical treatment for such 102 driver or a dependent family member, attending school or 103 other institution of higher education, attending alcohol - or 104 drug-treatment programs, seeking the required servic es of a 105 certified ignition interlock provider, fulfilling court 106 obligations, including required appearances and probation 107 and parole obligations, religious services, the care of a 108 child or children, including scheduled visitation or 109 custodial obligations pursuant to a court order, fueling 110 requirements for any vehicle utilized, and seeking basic 111 nutritional requirements; 112 (21) "School bus", when used in sections 302.010 to 113 302.540, means any motor vehicle, either publicly or 114 privately owned, designed for carrying more than ten 115 passengers, that is used to transport students to and from 116 school, or to transport pupils properly chaperoned to and 117 from any place within the state for educational purposes. 118 The term "school bus" shall not include a bus operated by a 119 public utility, municipal corporation or common carrier 120 authorized to conduct local or interstate transportation of 121 passengers when such bus is not traveling a specific school 122 bus route but is: 123 (a) On a regularly scheduled route for the 124 transportation of fare -paying passengers; or 125 SCS HB 2202 65 (b) Furnishing charter service for the transportation 126 of persons enrolled as students on field trips or other 127 special trips or in connection with other special events; 128 (22) "School bus operator", an operator who operates a 129 school bus as defined in subdivision (21) of this section in 130 the transportation of any schoolchildren and who receives 131 compensation for such service. The term "school bus 132 operator" shall not include any person who t ransports 133 schoolchildren as an incident to employment with a school or 134 school district, such as a teacher, coach, administrator, 135 secretary, school nurse, or janitor unless such person is 136 under contract with or employed by a school or school 137 district as a school bus operator; 138 (23) "Signature", any method determined by the 139 director of revenue for the signing, subscribing or 140 verifying of a record, report, application, driver's 141 license, or other related document that shall have the same 142 validity and consequences as the actual signing by the 143 person providing the record, report, application, driver's 144 license or related document; 145 (24) "Substance abuse traffic offender program", a 146 program certified by the division of alcohol and drug abuse 147 of the department of mental health to provide education or 148 rehabilitation services pursuant to a professional 149 assessment screening to identify the individual needs of the 150 person who has been referred to the program as the result of 151 an alcohol- or drug-related traffic offense. Successful 152 completion of such a program includes participation in any 153 education or rehabilitation program required to meet the 154 needs identified in the assessment screening. The 155 assignment recommendations based upon such assess ment shall 156 be subject to judicial review as provided in subsection 14 157 SCS HB 2202 66 of section 302.304 and subsections 1 and 5 of section 158 302.540; 159 (25) "Vehicle", any mechanical device on wheels, 160 designed primarily for use, or used on highways, except 161 motorized bicycles, electric bicycles, vehicles propelled or 162 drawn by horses or human power, or vehicles used exclusively 163 on fixed rails or tracks, or cotton trailers or motorized 164 wheelchairs operated by handicapped persons. 165 304.060. 1. The state board of education shall adopt 1 and enforce regulations not inconsistent with law to cover 2 the design and operation of all school buses used for the 3 transportation of school children when owned and operated by 4 any school district or privately ow ned and operated under 5 contract with any school district in this state, and such 6 regulations shall by reference be made a part of any such 7 contract with a school district. School districts shall 8 have the authority to use vehicles other than school bus es 9 for the purpose of transporting school children. The state 10 board of education may adopt rules and regulations governing 11 the use of other vehicles owned by a district or operated 12 under contract with any school district in this state and 13 used for the purpose of transporting school children , except 14 motor vehicles operating under sections 387.400 to 387.440 . 15 [The operator of such vehicle shall be licensed in 16 accordance with section 302.272, and such vehicle ] Vehicles 17 other than school buses shall transport no more children 18 than the manufacturer suggests as appropriate for such 19 vehicle, and shall meet any additional requirements of the 20 school district. The state board of education may also 21 adopt rules and regulations governing the use of author ized 22 common carriers for the transportation of students on field 23 trips or other special trips for educational purposes. 24 SCS HB 2202 67 Every school district, its officers and employees, and every 25 person employed under contract by a school district shall be 26 subject to such regulations. The state board of education 27 shall cooperate with the state transportation department and 28 the state highway patrol in placing suitable warning signs 29 at intervals on the highways of the state. 30 2. Notwithstanding the provisions of subsection 1 of 31 this section, any school board in the state of Missouri in 32 an urban district containing the greater part of the 33 population of a city which has more than three hundred 34 thousand inhabitants may contract with any municipality, bi - 35 state agency, or other governmental entity for the purpose 36 of transporting school children attending a grade or grades 37 not lower than the ninth nor higher than the twelfth grade, 38 provided that such contract shall be for additional 39 transportation services, and shall not replace or fulfill 40 any of the school district's obligations pursuant to section 41 167.231. The school district may notify students of the 42 option to use district -contracted transportation services. 43 3. Any officer or employee of any sch ool district who 44 violates any of the regulations or fails to include 45 obligation to comply with such regulations in any contract 46 executed by him on behalf of a school district shall be 47 guilty of misconduct and subject to removal from office or 48 employment. Any person operating a school bus under 49 contract with a school district who fails to comply with any 50 such regulations shall be guilty of breach of contract and 51 such contract shall be cancelled after notice and hearing by 52 the responsible officers o f such school district. 53 4. Any other provision of the law to the contrary 54 notwithstanding, in any county of the first class with a 55 SCS HB 2202 68 charter form of government adjoining a city not within a 56 county, school buses may bear the word "special". 57 Section B. The repeal and reenactment of section 1 167.645 of this act shall become effective January 1, 2023. 2 