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 [TRULY AGREED TO AND FINALLY PASSED ] CONFERENCE COMMITTEE SUBSTITUTE NO. 2 FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR SENATE BILLS NOS. 681 & 662 101ST GENERAL ASSEMBLY 2022 4133S.14T AN ACT To repeal sections 160.261, 160.2700, 160.2705, 161.097, 161.700, 162.261, 162.281, 162.291, 162.471, 162.481, 162.491, 162.720, 162.974, 163.016, 167.151, 167.225, 167.268, 167.640, 167.645, 168.021, 168.205, 168.500, 168.515, 170.014, 170.018, 170.047, 170.048, 171.033, 302.010, and 304.060, RSMo, and to enact in lieu thereof fifty new sections relating to elementary and secondary education, with an emergency clause for certain sections and an effective date for a certain section. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Sections 160.261, 160.2700, 160.2705, 161.097, 1 161.700, 162.261, 162.281, 162.291, 162.471, 162.481, 162.491, 2 162.720, 162.974, 163.0 16, 167.151, 167.225, 167.268, 167.640, 3 167.645, 168.021, 168.205, 168.500, 168.515, 170.014, 170.018, 4 170.047, 170.048, 171.033, 302.010, and 304.060, RSMo, are 5 repealed and fifty new sections enacted in lieu thereof, to be 6 known as sections 160.077, 160. 261, 160.560, 160.2700, 7 160.2705, 161.097, 161.214, 161.241, 161.380, 161.385, 161.700, 8 162.058, 162.084, 162.261, 162.281, 162.291, 162.471, 162.481, 9 162.491, 162.563, 162.720, 162.974, 162.1255, 163.016, 167.151, 10 167.225, 167.268, 167.625, 167.640, 167.6 45, 167.850, 168.021, 11 168.036, 168.037, 168.205, 168.500, 168.515, 170.014, 170.018, 12 2 CCS#2 HCS SS SCS SBs 681 & 662 170.036, 170.047, 170.048, 170.307, 171.033, 173.831, 173.1352, 13 178.694, 186.080, 302.010, and 304.060, to read as follows:14 160.077. 1. This section shall be known and may be 1 cited as the "Get the Lead Out of School Drinking Water Act". 2 2. As used in this section, the following terms mean: 3 (1) "Department", the Missouri department of health 4 and senior services; 5 (2) "Disadvantaged school district" , any school 6 district that serves students from a county in which at 7 least twenty-five percent of the households in such county 8 are below the federal poverty guidelines updated 9 periodically in the Federal Register by the U.S. Department 10 of Health and Human Services under the authority of 42 11 U.S.C. Section 9902(2), as amended, or any school district 12 in which more than seventy percent of students in the 13 district qualify for a free or reduced price lunch under the 14 federal Richard B. Russell National S chool Lunch Act, 42 15 U.S.C. Section 1751 et seq.; 16 (3) "Drinking water outlet", a potable water fixture 17 that is used for drinking or food preparation. "Drinking 18 water outlet" includes, but is not limited to: 19 (a) A water fountain, faucet, or ta p that is used or 20 potentially used for drinking or food preparation; and 21 (b) Ice–making and hot drink machines; 22 (4) "First draw", a two-hundred-fifty-milliliter 23 sample immediately collected from a drinking water outlet 24 that has been turned o n after a stagnation period of at 25 least eight hours; 26 (5) "Parent", a parent, guardian, or other person 27 having control or custody of a child; 28 (6) "Private school", the same definition as in 29 section 166.700; 30 3 CCS#2 HCS SS SCS SBs 681 & 662 (7) "Public school", the same definition as in section 31 160.011; 32 (8) "Remediation", decreasing the lead concentration 33 in water from a drinking water outlet to less than five 34 parts per billion without relying solely on flushing 35 practices, or using methods such as the replaceme nt of lead- 36 containing pipes, solder, fittings, or fixtures with lead - 37 free components. Flushing as a stand alone action shall not 38 be considered remediation; 39 (9) "School", any public school, private school, or 40 provider of an early childhood educat ion program that 41 receives state funding. 42 3. Beginning in the 2023 -24 school year and for each 43 subsequent school year, each school shall provide drinking 44 water with a lead concentration level below five parts per 45 billion in sufficient amounts to m eet the drinking water 46 needs of all students and staff as provided in this section. 47 4. (1) On or before January 1, 2024, each school 48 shall: 49 (a) Conduct an inventory of all drinking water outlets 50 and all outlets that are used for dispensing water for 51 cooking or for cleaning cooking and eating utensils in each 52 of the school's buildings; 53 (b) Develop a plan for testing each outlet inventoried 54 under paragraph (a) of this subdivision and make such plan 55 available to the public; and 56 (c) Upon request, provide general information on the 57 health effects of lead contamination and additional 58 informational resources for employees and parents of 59 children at each school. 60 (2) Each school shall make buildings housing early 61 childhood education programs, kindergartens, and elementary 62 4 CCS#2 HCS SS SCS SBs 681 & 662 schools the priority when complying with paragraphs (a) and 63 (b) of subdivision (1) of this subsection. 64 (3) Before August 1, 2024, or the first day on which 65 students will be present in the building, w hichever is 66 later, each school shall: 67 (a) Perform all testing as required by subsection 5 of 68 this section and within two weeks after receiving test 69 results, make all testing results and any lead remediation 70 plans available on the school's website ; 71 (b) Remove and replace any drinking water coolers or 72 drinking water outlets that the United States Environmental 73 Protection Agency has determined are not lead -free under the 74 federal Lead Contamination Control Act of 1988, as amended; 75 except the school shall not be required to replace those 76 drinking water outlets or water coolers that tested under 77 the requirements of this section and have been determined to 78 be dispensing drinking water with a lead concentration less 79 than five part per billion ; however, such drinking water 80 outlet or water cooler shall be subject to all testing 81 requirements and shall not be excluded from testing under 82 subsection 10 of this section. 83 (4) If testing indicates that the water source is 84 causing the contamina tion and until such time that the 85 source of the contamination has been remediated, the school 86 shall: 87 (a) Install a filter at each point at which the water 88 supply enters the building; 89 (b) Install a filter that reduces lead in drinking 90 water on each water outlet inventoried under paragraph (a) 91 of subdivision (1) of this subsection to ensure lead 92 concentrations are below five parts per billion; or 93 5 CCS#2 HCS SS SCS SBs 681 & 662 (c) Provide purified water at each water outlet 94 inventoried under paragraph (a) of subdiv ision (1) of this 95 subsection. 96 (5) If testing indicates that the internal building 97 piping is causing the contamination and until such time that 98 the source of the contamination has been remediated, the 99 school shall: 100 (a) Install a filter that reduces lead in drinking 101 water on each water outlet inventoried under paragraph (a) 102 of subdivision (1) of this subsection to ensure lead 103 concentrations are below five parts per billion; or 104 (b) Provide purified water at each water outlet 105 inventoried under paragraph (a) of subdivision (1) of this 106 subsection. 107 (6) If a pipe, solder, fitting, or fixture is replaced 108 as part of remediation, the replacement shall be lead -free, 109 as such term is defined in 40 CFR 143.12, as amended. 110 (7) If a test result exceeds five parts per billion, 111 the affected school shall: 112 (a) Contact parents and staff via written notification 113 within seven business days after receiving the test result. 114 The notification shall include at least: 115 a. The test results and a summary that explains such 116 results; 117 b. A description of any remedial steps taken; and 118 c. A description of general health effects of lead 119 contamination and community specific resources; and 120 (b) Provide bottled water if there i s not enough water 121 to meet the drinking water needs of the students, teachers, 122 and staff. 123 (8) School districts shall submit such annual testing 124 results to the department. 125 6 CCS#2 HCS SS SCS SBs 681 & 662 (9) This subsection shall not be construed to prevent 126 a school from conducting more frequent testing than required 127 under this section. 128 5. (1) Before August 1, 2024, or the first day on 129 which students will be present in the building, whichever is 130 later, and annually thereafter, each school shall conduct 131 testing for lead by first-draw and follow-up flush samples 132 of a random sampling of at least twenty -five percent of 133 remediated drinking water outlets until all remediated 134 sources have been tested as recommended by the 2018 version 135 of the United States Environment al Protection Agency's 136 "Training, Testing, and Taking Action" program. The testing 137 shall be conducted and the results analyzed for both types 138 of tests by an entity or entities approved by the department. 139 (2) If, in the ten years prior to the 2023 -24 school 140 year, a fixture tested above five parts per billion for 141 lead, such fixture does not need to be repeat tested for 142 lead, but instead remediation shall begin on such fixture. 143 6. (1) In addition to the apportionments payable to a 144 school district under chapter 163, the department of natural 145 resources, with support from the department of elementary 146 and secondary education and the department of health and 147 senior services, is hereby authorized to apportion to any 148 school additional funding f or the filtration, testing, and 149 other remediation of drinking water systems required under 150 this section, subject to appropriation. 151 (2) To the extent permitted by federal law, a school 152 district may seek reimbursement or other funds for 153 compliance incurred under this section under any applicable 154 federal law including, but not limited to, the America's 155 Water Infrastructure Act of 2018 and the Water 156 7 CCS#2 HCS SS SCS SBs 681 & 662 Infrastructure Finance and Innovation Act of 2014, 33 U.S.C. 157 Section 3901 et seq. 158 (3) Disadvantaged school districts shall receive 159 funding priority under this subsection. 160 7. The department, in conjunction with the department 161 of elementary and secondary education, shall publish a 162 report biennially based on the findings from the water 163 testing conducted under this section. Such report shall be 164 published on the department of natural resources website. 165 8. For public schools, the department shall ensure 166 compliance with this section. Each school district shall be 167 responsible for ensurin g compliance within each school 168 within the school district's jurisdiction. 169 9. No school building constructed after January 4, 170 2014, as provided in the federal Reduction of Lead in 171 Drinking Water Act (42 U.S.C. Section 300g -6), as amended, 172 shall be required to install, maintain, or replace filters 173 under paragraph (c) of subdivision (1) of subsection 4 of 174 this section. 175 10. A school that tests and does not find a drinking 176 water source with a lead concentration above the acceptable 177 level as described in subsection 3 of this section shall be 178 required to test only every five years. 179 11. The department may promulgate all necessary rules 180 and regulations for the administration of this section. Any 181 rule or portion of a rule, as that term i s defined in 182 section 536.010, that is created under the authority 183 delegated in this section shall become effective only if it 184 complies with and is subject to all of the provisions of 185 chapter 536 and, if applicable, section 536.028. This 186 section and chapter 536 are nonseverable and if any of the 187 powers vested with the general assembly pursuant to chapter 188 8 CCS#2 HCS SS SCS SBs 681 & 662 536 to review, to delay the effective date, or to disapprove 189 and annul a rule are subsequently held unconstitutional, 190 then the grant of rulemaking authority and any rule proposed 191 or adopted after August 28, 2022, shall be invalid and void. 192 160.261. 1. The local board of education of each 1 school district shall clearly establish a written policy of 2 discipline, including the dis trict's determination on the 3 use of corporal punishment and the procedures in which 4 punishment will be applied. A written copy of the 5 district's discipline policy and corporal punishment 6 procedures, if applicable, shall be provided to the pupil 7 and parent or legal guardian of every pupil enrolled in the 8 district at the beginning of each school year and also made 9 available in the office of the superintendent of such 10 district, during normal business hours, for public 11 inspection. No pupil shall be subject to corporal 12 punishment procedures outlined in the discipline and 13 corporal punishment policy without a parent or guardian 14 being notified and providing written permission for the 15 corporal punishment. All employees of the district shall 16 annually receive instruction related to the specific 17 contents of the policy of discipline and any interpretations 18 necessary to implement the provisions of the policy in the 19 course of their duties, including but not limited to 20 approved methods of dealing with ac ts of school violence, 21 disciplining students with disabilities and instruction in 22 the necessity and requirements for confidentiality. 23 2. The policy shall require school administrators to 24 report acts of school violence to all teachers at the 25 attendance center and, in addition, to other school district 26 employees with a need to know. For the purposes of this 27 chapter or chapter 167, "need to know" is defined as school 28 9 CCS#2 HCS SS SCS SBs 681 & 662 personnel who are directly responsible for the student's 29 education or who other wise interact with the student on a 30 professional basis while acting within the scope of their 31 assigned duties. As used in this section, the phrase "act 32 of school violence" or "violent behavior" means the exertion 33 of physical force by a student with th e intent to do serious 34 physical injury as defined in section 556.061 to another 35 person while on school property, including a school bus in 36 service on behalf of the district, or while involved in 37 school activities. The policy shall at a minimum require 38 school administrators to report, as soon as reasonably 39 practical, to the appropriate law enforcement agency any of 40 the following crimes, or any act which if committed by an 41 adult would be one of the following crimes: 42 (1) First degree murder unde r section 565.020; 43 (2) Second degree murder under section 565.021; 44 (3) Kidnapping under section 565.110 as it existed 45 prior to January 1, 2017, or kidnapping in the first degree 46 under section 565.110; 47 (4) First degree assault under sect ion 565.050; 48 (5) Rape in the first degree under section 566.030; 49 (6) Sodomy in the first degree under section 566.060; 50 (7) Burglary in the first degree under section 569.160; 51 (8) Burglary in the second degree under section 52 569.170; 53 (9) Robbery in the first degree under section 569.020 54 as it existed prior to January 1, 2017, or robbery in the 55 first degree under section 570.023; 56 (10) Distribution of drugs under section 195.211 as it 57 existed prior to January 1, 2017, or manufacture of a 58 controlled substance under section 579.055; 59 10 CCS#2 HCS SS SCS SBs 681 & 662 (11) Distribution of drugs to a minor under section 60 195.212 as it existed prior to January 1, 2017, or delivery 61 of a controlled substance under section 579.020; 62 (12) Arson in the first degree under section 569.040; 63 (13) Voluntary manslaughter under section 565.023; 64 (14) Involuntary manslaughter under section 565.024 as 65 it existed prior to January 1, 2017, involuntary 66 manslaughter in the first degree under section 565.0 24, or 67 involuntary manslaughter in the second degree under section 68 565.027; 69 (15) Second degree assault under section 565.060 as it 70 existed prior to January 1, 2017, or second degree assault 71 under section 565.052; 72 (16) Rape in the second deg ree under section 566.031; 73 (17) Felonious restraint under section 565.120 as it 74 existed prior to January 1, 2017, or kidnapping in the 75 second degree under section 565.120; 76 (18) Property damage in the first degree under section 77 569.100; 78 (19) The possession of a weapon under chapter 571; 79 (20) Child molestation in the first degree pursuant to 80 section 566.067 as it existed prior to January 1, 2017, or 81 child molestation in the first, second, or third degree 82 pursuant to section 566.0 67, 566.068, or 566.069; 83 (21) Sodomy in the second degree pursuant to section 84 566.061; 85 (22) Sexual misconduct involving a child pursuant to 86 section 566.083; 87 (23) Sexual abuse in the first degree pursuant to 88 section 566.100; 89 11 CCS#2 HCS SS SCS SBs 681 & 662 (24) Harassment under section 565.090 as it existed 90 prior to January 1, 2017, or harassment in the first degree 91 under section 565.090; or 92 (25) Stalking under section 565.225 as it existed 93 prior to January 1, 2017, or stalking in the first degree 94 under section 565.225; 95 committed on school property, including but not limited to 96 actions on any school bus in service on behalf of the 97 district or while involved in school activities. The policy 98 shall require that any portion of a student's individualized 99 education program that is related to demonstrated or 100 potentially violent behavior shall be provided to any 101 teacher and other school district employees who are directly 102 responsible for the student's education or who otherwise 103 interact with the student on an educational basis while 104 acting within the scope of their assigned duties. The 105 policy shall also contain the consequences of failure to 106 obey standards of conduct set by the local board of 107 education, and the importance of the standards to the 108 maintenance of an atmosphere where orderly learning is 109 possible and encouraged. 110 3. The policy shall provide that any student who is on 111 suspension for any of the offenses listed in subsection 2 of 112 this section or any act of violence or drug -related activity 113 defined by school district policy as a serious violation of 114 school discipline pursuant to subsection 9 of this section 115 shall have as a condition of his or her suspension the 116 requirement that such student is not allowed, while on such 117 suspension, to be within one thousand feet of any school 118 property in the school district where such student attended 119 school or any activity of that district, regardless of 120 12 CCS#2 HCS SS SCS SBs 681 & 662 whether or not the activity takes place on district property 121 unless: 122 (1) Such student is under the direct supervision of 123 the student's parent, legal guardian, or custodian and the 124 superintendent or the superintendent's designee has 125 authorized the student to be on school property; 126 (2) Such student is under the direct supervision o f 127 another adult designated by the student's parent, legal 128 guardian, or custodian, in advance, in writing, to the 129 principal of the school which suspended the student and the 130 superintendent or the superintendent's designee has 131 authorized the student to be on school property; 132 (3) Such student is enrolled in and attending an 133 alternative school that is located within one thousand feet 134 of a public school in the school district where such student 135 attended school; or 136 (4) Such student resides wit hin one thousand feet of 137 any public school in the school district where such student 138 attended school in which case such student may be on the 139 property of his or her residence without direct adult 140 supervision. 141 4. Any student who violates the condi tion of 142 suspension required pursuant to subsection 3 of this section 143 may be subject to expulsion or further suspension pursuant 144 to the provisions of sections 167.161, 167.164, and 145 167.171. In making this determination consideration shall 146 be given to whether the student poses a threat to the safety 147 of any child or school employee and whether such student's 148 unsupervised presence within one thousand feet of the school 149 is disruptive to the educational process or undermines the 150 effectiveness of the sch ool's disciplinary policy. Removal 151 of any pupil who is a student with a disability is subject 152 13 CCS#2 HCS SS SCS SBs 681 & 662 to state and federal procedural rights. This section shall 153 not limit a school district's ability to: 154 (1) Prohibit all students who are suspended from b eing 155 on school property or attending an activity while on 156 suspension; 157 (2) Discipline students for off -campus conduct that 158 negatively affects the educational environment to the extent 159 allowed by law. 160 5. The policy shall provide for a suspens ion for a 161 period of not less than one year, or expulsion, for a 162 student who is determined to have brought a weapon to 163 school, including but not limited to the school playground 164 or the school parking lot, brought a weapon on a school bus 165 or brought a weapon to a school activity whether on or off 166 of the school property in violation of district policy, 167 except that: 168 (1) The superintendent or, in a school district with 169 no high school, the principal of the school which such child 170 attends may modify such suspension on a case -by-case basis; 171 and 172 (2) This section shall not prevent the school district 173 from providing educational services in an alternative 174 setting to a student suspended under the provisions of this 175 section. 176 6. For the purpose of this section, the term "weapon" 177 shall mean a firearm as defined under 18 U.S.C. Section 921 178 and the following items, as defined in section 571.010: a 179 blackjack, a concealable firearm, an explosive weapon, a 180 firearm, a firearm silencer, a gas gun , a knife, knuckles, a 181 machine gun, a projectile weapon, a rifle, a shotgun, a 182 spring gun or a switchblade knife; except that this section 183 shall not be construed to prohibit a school board from 184 14 CCS#2 HCS SS SCS SBs 681 & 662 adopting a policy to allow a Civil War reenactor to carry a 185 Civil War era weapon on school property for educational 186 purposes so long as the firearm is unloaded. The local 187 board of education shall define weapon in the discipline 188 policy. Such definition shall include the weapons defined 189 in this subsection bu t may also include other weapons. 190 7. All school district personnel responsible for the 191 care and supervision of students are authorized to hold 192 every pupil strictly accountable for any disorderly conduct 193 in school or on any property of the school, on any school 194 bus going to or returning from school, during school - 195 sponsored activities, or during intermission or recess 196 periods. 197 8. Teachers and other authorized district personnel in 198 public schools responsible for the care, supervision, and 199 discipline of schoolchildren, including volunteers selected 200 with reasonable care by the school district, shall not be 201 civilly liable when acting in conformity with the 202 established policies developed by each board, including but 203 not limited to policies o f student discipline or when 204 reporting to his or her supervisor or other person as 205 mandated by state law acts of school violence or threatened 206 acts of school violence, within the course and scope of the 207 duties of the teacher, authorized district person nel or 208 volunteer, when such individual is acting in conformity with 209 the established policies developed by the board. Nothing in 210 this section shall be construed to create a new cause of 211 action against such school district, or to relieve the 212 school district from liability for the negligent acts of 213 such persons. 214 9. Each school board shall define in its discipline 215 policy acts of violence and any other acts that constitute a 216 15 CCS#2 HCS SS SCS SBs 681 & 662 serious violation of that policy. "Acts of violence" as 217 defined by school boards shall include but not be limited to 218 exertion of physical force by a student with the intent to 219 do serious bodily harm to another person while on school 220 property, including a school bus in service on behalf of the 221 district, or while involved i n school activities. School 222 districts shall for each student enrolled in the school 223 district compile and maintain records of any serious 224 violation of the district's discipline policy. Such records 225 shall be made available to teachers and other school 226 district employees with a need to know while acting within 227 the scope of their assigned duties, and shall be provided as 228 required in section 167.020 to any school district in which 229 the student subsequently attempts to enroll. 230 10. Spanking, when administered by certificated 231 personnel and in the presence of a witness who is an 232 employee of the school district, or the use of reasonable 233 force to protect persons or property, when administered by 234 personnel of a school district in a reasonable manner i n 235 accordance with the local board of education's written 236 policy of discipline, is not abuse within the meaning of 237 chapter 210. [The provisions of sections 210.110 to 210.165 238 notwithstanding, the children's division shall not have 239 jurisdiction over or investigate any report of alleged child 240 abuse arising out of or related to the use of reasonable 241 force to protect persons or property when administered by 242 personnel of a school district or any spanking administered 243 in a reasonable manner by any certif icated school personnel 244 in the presence of a witness who is an employee of the 245 school district pursuant to a written policy of discipline 246 established by the board of education of the school 247 16 CCS#2 HCS SS SCS SBs 681 & 662 district, as long as no allegation of sexual misconduct 248 arises from the spanking or use of force. 249 11. If a student reports alleged sexual misconduct on 250 the part of a teacher or other school employee to a person 251 employed in a school facility who is required to report such 252 misconduct to the children's divisio n under section 210.115, 253 such person and the superintendent of the school district 254 shall report the allegation to the children's division as 255 set forth in section 210.115. Reports made to the 256 children's division under this subsection shall be 257 investigated by the division in accordance with the 258 provisions of sections 210.145 to 210.153 and shall not be 259 investigated by the school district under subsections 12 to 260 20 of this section for purposes of determining whether the 261 allegations should or should n ot be substantiated. The 262 district may investigate the allegations for the purpose of 263 making any decision regarding the employment of the accused 264 employee. 265 12.] 11. Upon receipt of any reports of child abuse by 266 the children's division [other than reports provided under 267 subsection 11 of this section, ] pursuant to sections 210.110 268 to 210.165 which allegedly involve personnel of a school 269 district, the children's division shall notify the 270 superintendent of schools of the district or, if the person 271 named in the alleged incident is the superintendent of 272 schools, the president of the school board of the school 273 district where the alleged incident occurred. 274 [13. If, after an initial investigation, the 275 superintendent of schools or the president of the school 276 board finds that the report involves an alleged incident of 277 child abuse other than the administration of a spanking by 278 certificated school personnel or the use of reasonable force 279 17 CCS#2 HCS SS SCS SBs 681 & 662 to protect persons or property when administered by schoo l 280 personnel pursuant to a written policy of discipline or that 281 the report was made for the sole purpose of harassing a 282 public school employee, the superintendent of schools or the 283 president of the school board shall immediately refer the 284 matter back to the children's division and take no further 285 action. In all matters referred back to the children's 286 division, the division shall treat the report in the same 287 manner as other reports of alleged child abuse received by 288 the division. 289 14. If the report pertains to an alleged incident 290 which arose out of or is related to a spanking administered 291 by certificated personnel or the use of reasonable force to 292 protect persons or property when administered by personnel 293 of a school district pursuant to a w ritten policy of 294 discipline or a report made for the sole purpose of 295 harassing a public school employee, a notification of the 296 reported child abuse shall be sent by the superintendent of 297 schools or the president of the school board to the law 298 enforcement in the county in which the alleged incident 299 occurred. 300 15. The report shall be jointly investigated by the 301 law enforcement officer and the superintendent of schools 302 or, if the subject of the report is the superintendent of 303 schools, by a law en forcement officer and the president of 304 the school board or such president's designee. 305 16. The investigation shall begin no later than forty - 306 eight hours after notification from the children's division 307 is received, and shall consist of, but need not be limited 308 to, interviewing and recording statements of the child and 309 the child's parents or guardian within two working days 310 after the start of the investigation, of the school district 311 18 CCS#2 HCS SS SCS SBs 681 & 662 personnel allegedly involved in the report, and of any 312 witnesses to the alleged incident. 313 17. The law enforcement officer and the investigating 314 school district personnel shall issue separate reports of 315 their findings and recommendations after the conclusion of 316 the investigation to the school board of the scho ol district 317 within seven days after receiving notice from the children's 318 division. 319 18. The reports shall contain a statement of 320 conclusion as to whether the report of alleged child abuse 321 is substantiated or is unsubstantiated. 322 19. The school board shall consider the separate 323 reports referred to in subsection 17 of this section and 324 shall issue its findings and conclusions and the action to 325 be taken, if any, within seven days after receiving the last 326 of the two reports. The findings and conclusions shall be 327 made in substantially the following form: 328 (1) The report of the alleged child abuse is 329 unsubstantiated. The law enforcement officer and the 330 investigating school board personnel agree that there was 331 not a preponderance of evid ence to substantiate that abuse 332 occurred; 333 (2) The report of the alleged child abuse is 334 substantiated. The law enforcement officer and the 335 investigating school district personnel agree that the 336 preponderance of evidence is sufficient to support a finding 337 that the alleged incident of child abuse did occur; 338 (3) The issue involved in the alleged incident of 339 child abuse is unresolved. The law enforcement officer and 340 the investigating school personnel are unable to agree on 341 their findings and conclusions on the alleged incident. 342 19 CCS#2 HCS SS SCS SBs 681 & 662 20. The findings and conclusions of the school board 343 under subsection 19 of this section shall be sent to the 344 children's division. If the findings and conclusions of the 345 school board are that the report of t he alleged child abuse 346 is unsubstantiated, the investigation shall be terminated, 347 the case closed, and no record shall be entered in the 348 children's division central registry. If the findings and 349 conclusions of the school board are that the report of t he 350 alleged child abuse is substantiated, the children's 351 division shall report the incident to the prosecuting 352 attorney of the appropriate county along with the findings 353 and conclusions of the school district and shall include the 354 information in the di vision's central registry. If the 355 findings and conclusions of the school board are that the 356 issue involved in the alleged incident of child abuse is 357 unresolved, the children's division shall report the 358 incident to the prosecuting attorney of the appro priate 359 county along with the findings and conclusions of the school 360 board, however, the incident and the names of the parties 361 allegedly involved shall not be entered into the central 362 registry of the children's division unless and until the 363 alleged child abuse is substantiated by a court of competent 364 jurisdiction. 365 21. Any superintendent of schools, president of a 366 school board or such person's designee or law enforcement 367 officer who knowingly falsifies any report of any matter 368 pursuant to this section or who knowingly withholds any 369 information relative to any investigation or report pursuant 370 to this section is guilty of a class A misdemeanor. 371 22.] 12. In order to ensure the safety of all 372 students, should a student be expelled for bringi ng a weapon 373 to school, violent behavior, or for an act of school 374 20 CCS#2 HCS SS SCS SBs 681 & 662 violence, that student shall not, for the purposes of the 375 accreditation process of the Missouri school improvement 376 plan, be considered a dropout or be included in the 377 calculation of that district's educational persistence ratio. 378 160.560. 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 s tudent's twelfth grade 9 year. 10 3. Before July 1, 2023, the department of elementary 11 and secondary education shall develop detailed requirements 12 for students to become eligible for the show -me success 13 diploma that include at least the following: 14 (1) Demonstrated skills and knowledge in English, 15 science, and mathematical literacy 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 devel opmental coursework; 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 taking remedial or 22 developmental coursework. 23 4. School districts and charter schools may offer a 24 course of study designed to meet the requirements to obtain 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 de signed by 28 21 CCS#2 HCS SS SCS SBs 681 & 662 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 an d 37 distribution of state aid, the school district or charter 38 school of a pupil having earned 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 suc h school district or charter school 42 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 thi s 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 t he end of 51 grade ten or eleven shall receive a customized program of 52 assistance during the 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 22 CCS#2 HCS SS SCS SBs 681 & 662 show-me success diploma and shall closely monitor the 61 progress of the schools in the development of the program. 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 w ill enroll, in a 65 postsecondary educational institution eligible to 66 participate in a student 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 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 c harter school, 78 an amount equal to ninety percent of the pupil's 79 proportionate share of the state, local, and federal aid 80 that the district or charter school receives for the pupil 81 under this subsection shall be deposited into an account 82 established under sections 166.400 to 166.455 that lists the 83 pupil as the beneficiary. The state treasurer shall provide 84 guidance and assist school districts, charter schools, 85 pupils, and parents or guardians of pupils with the 86 creation, maintenance, and use of an account that has been 87 established under sections 166.400 to 166.455. 88 9. The department of elementary and secondary 89 education shall promulgate all necessary rules and 90 regulations for the administration of this section. Any 91 rule or portion of a ru le, as that term is defined in 92 23 CCS#2 HCS SS SCS SBs 681 & 662 section 536.010, that is created under the authority 93 delegated in this section shall become effective only if it 94 complies with and is subject to all of the provisions of 95 chapter 536 and, if applicable, section 536.028. This 96 section and chapter 536 are nonseverable, and if any of the 97 powers vested with the general assembly pursuant to chapter 98 536 to review, to delay the effective date, or to disapprove 99 and annul a rule are subsequently held unconstitutional, 100 then the grant of rulemaking authority and any rule proposed 101 or adopted after August 28, 2022, shall be invalid and void. 102 160.2700. For purposes of sections 160.2700 to 1 160.2725, "adult high school" means a school that: 2 (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 t hey 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 24 CCS#2 HCS SS SCS SBs 681 & 662 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 second ary 20 education shall grant the authorization described under 21 subsection 1 of this section based on a bid process 22 conducted in accordance with the rules and regulations 23 governing purchasing through the office of administration. 24 The successful bidder sh all: 25 (1) Demonstrate the ability to establish, 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 childr en 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 ex perience in 35 providing services, including industry 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 circumstances; 40 (4) Establish a partnership with a state -supported 41 postsecondary education institution or more than one such 42 25 CCS#2 HCS SS SCS SBs 681 & 662 partnership, if a partnership or partnerships are necessary 43 in order to meet the requir ements 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 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 thr ough the 63 attainment of a high school diploma and 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 ac ademic 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 26 CCS#2 HCS SS SCS SBs 681 & 662 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 credit s. 78 (3) The adult high school authorized under 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 (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 a s 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 mastered 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 27 CCS#2 HCS SS SCS SBs 681 & 662 161.097. 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 institutions 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 proced ures 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 training institutions shall equal or exceed those of 12 national or regional accrediting associations. 13 2. There is hereby established within the department 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 coor dinating 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 t hree faculty 22 members within approved educator preparation 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 programs. 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 educ ation of 31 the teacher education program at a particular teacher 32 28 CCS#2 HCS SS SCS SBs 681 & 662 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 consultation 41 with MABEP, align literacy and reading instruction 42 coursework for teacher education programs in early 43 childhood, kindergarten to fifth grade elementary teacher 44 certification, middle school com munication arts, high school 45 communication arts, and 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, includ ing phonemic 50 awareness, phonics, fluency, comprehension, 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 students; 62 and 63 29 CCS#2 HCS SS SCS SBs 681 & 662 (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 held unconstitutional, then the grant of rulemaking 76 authority and any rule proposed or adopted 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 elem entary 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 secondary 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 30 CCS#2 HCS SS SCS SBs 681 & 662 students as they progress through e lementary 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 whi ch the school, group of schools, school 29 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 b y 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 31 CCS#2 HCS SS SCS SBs 681 & 662 (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 dis trict 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 performance targets and 58 goals for the implementation of the plan; 59 (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 appr oval. 68 4. (1) In evaluating a plan submitted by 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 posts econdary life; 73 (b) Increase teacher salaries in 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 a ny plan submitted under 79 subsection 2 of this section if it determines that: 80 32 CCS#2 HCS SS SCS SBs 681 & 662 (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 te achers; 88 (c) The plan has demonstrated sufficient participation 89 from among the teachers, principals, superintendent, 90 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 e ffect with 103 respect to any one elementary or secondary 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 department shall publish an annual report based 110 on the school innovation waivers considered by the state 111 board. The report shall document the waivers submitted and 112 33 CCS#2 HCS SS SCS SBs 681 & 662 waivers approved, at the statewide, district, and school 113 building levels, and provide data at the statewide, 114 district, and school building levels of sufficient detail to 115 allow analysis of trends regarding the purposes for waiver 116 requests, the statutes waived or requested t o be waived, any 117 modifications approved by the state board, and the state 118 board's actions to approve or deny waiver requests. 119 8. The board may promulgate rules implementing the 120 provisions of this section. Any rule or portion of a rule, 121 as that term is defined in section 536.010, that is created 122 under the authority delegated in this section shall become 123 effective only if it complies with and is subject to all of 124 the provisions of chapter 536 and, if applicable, section 125 536.028. This section and chapter 536 are nonseverable and 126 if any of the powers vested with the general assembly 127 pursuant to chapter 536 to review, to delay the effective 128 date, or to disapprove and annul a rule are subsequently 129 held unconstitutional, then the grant of rulema king 130 authority and any rule proposed or adopted after August 28, 131 2022, shall be invalid and void. 132 161.241. 1. The state board of education, in 1 collaboration with the coordinating board for higher 2 education and the commissioner's ad visory council under 3 section 186.080, shall develop a plan to establish a 4 comprehensive system of services for reading instruction. 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 34 CCS#2 HCS SS SCS SBs 681 & 662 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 report 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 department shall publish a list of 29 curricula that ensure instruction is explicit, systematic, 30 diagnostic, and based on phonological a wareness, phonics, 31 fluency, vocabulary, comprehension, morphology, syntax, and 32 semantics. This shall be a resource to districts. 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 l iteracy, including, but not limited to: 41 initiatives that provide optional training and materials to 42 teachers regarding best practices in reading pedagogies; 43 35 CCS#2 HCS SS SCS SBs 681 & 662 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 reading 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 paid into the state treasury and 52 required by law to be credited to such fund, and any gifts, 53 bequests, or donations to such fun d. 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 treasurer 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. 61 161.380. 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 suc h 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 procedures developed by the 13 department of elementary and secondary education. The fund 14 36 CCS#2 HCS SS SCS SBs 681 & 662 shall be a dedicated fund and, upon appr opriation, moneys in 15 the fund shall be used solely for the administration of this 16 section. 17 (2) Notwithstanding the provisions 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 c redit of the 20 general revenue fund. 21 (3) The state treasurer shall invest moneys in the 22 fund in the same manner as other funds 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 school 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 (1) A core mission that competency -based education 33 courses will 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 creating 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 creation, 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 37 CCS#2 HCS SS SCS SBs 681 & 662 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 reme dial 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 profi ciency through tasks 59 developed both locally and at the state level, performance 60 of which demonstrates 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 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 the general assembly pursuant to chapter 71 536 to review, to delay the effective date, or to disapprove 72 and annul a rule are sub sequently 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 38 CCS#2 HCS SS SCS SBs 681 & 662 force members shall be chosen to represent the geographic 4 diversity of the state. Task force members shall be 5 appointed for a term of two years and may be reappoi nted. 6 All task force members shall be appointed before December 7 31, 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 representativ es 11 appointed by the speaker of the house of representatives; 12 (2) Two members of the senate appointed by the 13 president pro tempore of the senate; 14 (3) The commissioner of the department of elementary 15 and secondary education or the commissioner 's designee; and 16 (4) Four members appointed by the governor. Two 17 members shall each represent a separate school district that 18 offers competency-based education courses. 19 2. The members of the task force established under 20 subsection 1 of this section shall elect a chair from among 21 the membership of the task force. The task force shall meet 22 as needed to complete its consideration of its objectives as 23 established in subsections 4 and 5 of this section. Any 24 vacancy on the task force shall b e filled in the same manner 25 as the original appointment. Members of the task force 26 shall serve without compensation, but shall be entitled to 27 reimbursement for actual and necessary expenses incurred in 28 the performance of official duties. 29 3. The department of elementary and secondary 30 education shall provide such legal, research, clerical, and 31 technical services as the task force may require in the 32 performance of official duties. 33 4. The task force shall: 34 39 CCS#2 HCS SS SCS SBs 681 & 662 (1) Work toward implementing competency-based 35 education courses statewide and devising a plan for Missouri 36 to lead the way in competency -based education courses; 37 (2) Solicit input from individuals and organizations 38 with information or expertise relevant to the task force's 39 objective, including experts and educators with experience 40 related to competency -based education programs; 41 (3) Hold at least three public hearings to provide an 42 opportunity to receive public testimony including, but not 43 limited to, testimony from e ducators, local school boards, 44 parents, representatives from business and industry, labor 45 and community leaders, members of the general assembly, and 46 the general public; 47 (4) Identify promising competency -based education 48 programs, including progra ms that: 49 (a) Afford students flexibility to progress and earn 50 course credit upon demonstration of mastery, including 51 through early high school graduation; 52 (b) Provide individual learning and assessment 53 options, including through experiential and project-based 54 learning, online or blended learning, additional remedial 55 education time, and accelerated -pace curricula; or 56 (c) Assess student proficiency through tasks developed 57 both locally and at the state level, performance of which 58 demonstrates mastery; 59 (5) Identify obstacles to implementing competency - 60 based education programs in Missouri public schools; 61 (6) Develop comprehensive graduate profiles that 62 describe meaningful and critical knowledge skills that 63 students should have upon graduation that can be implemented 64 into a diploma designation; 65 40 CCS#2 HCS SS SCS SBs 681 & 662 (7) Develop findings and recommendations for 66 implementing competency -based education models and practices 67 in Missouri public schools, including recommending changes 68 to existing legislation, rules, and regulations; and 69 (8) Develop findings and recommendations for 70 implementing a competency -based performance assessment that: 71 (a) Is consistent with the most effective competency - 72 based education programs identified by the task force under 73 subdivision (4) of this subsection; 74 (b) Assesses students based on both locally developed 75 and common statewide performance tasks tied to grade and 76 course competencies aligned with state content standards; and 77 (c) Complies with all applicable federal law, 78 including 20 U.S.C. Section 6311(b)(1)(B), as amended. To 79 the extent that implementing a competency -based performance 80 assessment would require the department of elementary and 81 secondary education to obtain innovative assessment and 82 accountability demonstration authority under 20 U.S.C. 83 Section 6364, as amended, the task force shall develop 84 findings and recommendations for obtaining such authority. 85 5. Beginning in 2023, the task force shall present its 86 findings and recommendations to the speaker of the house of 87 representatives, the president pro tempore of the senate, 88 the joint committee on education, and the state board of 89 education by December first annually. 90 161.700. 1. This section shall be known as the 1 "Holocaust Education and Awareness Commission Act". 2 2. There is hereby created a permanent state 3 commission known as the "Holocaust Education and Awareness 4 Commission". The commission shall be housed in the 5 department of elementary and secondary education and shall 6 promote implementation of [holocaust] Holocaust education 7 41 CCS#2 HCS SS SCS SBs 681 & 662 and awareness programs in Missouri in order to encourage 8 understanding of the [holocaust] Holocaust and discourage 9 bigotry. 10 3. The commission shall be composed of twelve members 11 to be appointed by the governor with advice and consent of 12 the senate. The makeup of the commission shall be: 13 (1) The commissioner of higher education; 14 (2) The commissioner of elementary and secondary 15 education; 16 (3) The president of the University of Missouri 17 system; and 18 (4) Nine members of the public, representative of the 19 diverse religious and ethnic heritage groups populating 20 Missouri. 21 4. The [holocaust] Holocaust education and awarene ss 22 commission may receive such funds as appropriated from 23 public moneys or contributed to it by private sources. [It] 24 The commission may sponsor programs or publications to 25 educate the public about the crimes of genocide in an effort 26 to deter indifference to crimes against humanity and human 27 suffering wherever they occur. 28 5. The term ["holocaust"] "Holocaust" shall be defined 29 as the [period from 1933 through 1945 when ] systematic, 30 state-sponsored persecution and murder of six million Jews 31 [and millions of others were murdered ] by the Nazi [Germany] 32 regime and its allies and collaborators [as part of a 33 structured, state-sanctioned program of genocide ] during the 34 period from 1933 through 1945 . 35 6. The commission may employ an executive director and 36 such other persons to carry out its functions. 37 7. (1) To educate students about the Holocaust and 38 inspire in students a sense of responsibility to recognize 39 42 CCS#2 HCS SS SCS SBs 681 & 662 and uphold human value and to prevent future atrocities, the 40 second week in April shall be designated as "Holocaust 41 Education Week". 42 (2) Holocaust education shall be taught during a week 43 as determined by each school district and shall include age - 44 appropriate instruction to elementary school students not 45 lower than the sixth grade and high school students as 46 determined by each school district. Such instruction shall 47 include, but not be limited to: 48 (a) Information providing a historical understanding 49 of the Holocaust to offer context for the discussion of how 50 and why the Holocaust happened; 51 (b) Participation, in person or using technology, in 52 learning projects about the Holocaust; and 53 (c) The use of materials developed or supported by the 54 Holocaust education and awareness commission, the United 55 States Holocaust Memorial Museum, or the St. Louis Kaplan 56 Feldman Holocaust Museum. 57 (3) Based on the instructional materials provided 58 under paragraph (c) of subdivision (2) of this subsection, 59 the department of elementary and secondary education shal l 60 develop a curriculum framework of instruction for studying 61 the Holocaust. The department shall make such curriculum 62 framework available to up to twenty -five school districts or 63 schools within a district, with at least one district or 64 school within each of the nine regional professional 65 development centers, as defined by the department, as a 66 pilot program in consultation with the Holocaust education 67 and awareness commission beginning in the 2023 -24 school 68 year. 69 (4) Each school district part icipating in the pilot 70 program shall adopt the curriculum framework provided by the 71 43 CCS#2 HCS SS SCS SBs 681 & 662 department under subdivision (3) of this subsection in the 72 2023-24 school year. Each school district shall determine 73 the minimum amount of instruction time that qualif ies as a 74 unit of instruction satisfying the requirements of this 75 subsection. 76 (5) Each participating school district shall provide a 77 plan of professional development for teachers to ensure such 78 teachers are adequately prepared to provide the instr uction 79 required under this subsection. 80 (6) This subsection shall apply to schools 81 participating in the pilot program starting in the 2023 -24 82 school year and the program shall be expanded in all 83 subsequent school years, with all school districts 84 participating by the 2025 -26 school year. 85 (7) The department shall provide for a program 86 evaluation regarding the success and impact of the pilot 87 program upon completion of the first year of the pilot 88 program and shall report the results of such e valuation to 89 the general assembly. The department may consult with 90 organizations including, but not limited to, the Holocaust 91 education and awareness commission, the United States 92 Holocaust Museum, or the St. Louis Kaplan Feldman Holocaust 93 Museum to develop the evaluation. 94 162.058. 1. Before July 1, 2023, each school district 1 and charter school shall, after receiving community input, 2 implement a community engagement policy that provides 3 residents of the school district methods of communicating 4 with the school board or the governing board of a charter 5 school located in the school district and with the 6 administration of the school district or charter school. 7 2. The community engagement policy shall create a 8 process allowing any resident of a school district to have 9 44 CCS#2 HCS SS SCS SBs 681 & 662 an item placed on the agenda of a school board meeting, or a 10 meeting of the governing board of a charter school located 11 in the school district, if the resident follows the process 12 described in the policy. Such policy shall contain at least 13 the following components: 14 (1) No item shall be placed on a meeting agenda under 15 this section unless the item is directly related to the 16 governance or operation of the school district or charter 17 school; 18 (2) The school district or charter school may require 19 the resident to first meet with the superintendent or the 20 superintendent's designee to attempt a resolution of the 21 issue. The superintendent or the superintendent's designee 22 shall meet with the reside nt within twenty business days of 23 a written request to meet. After such meeting, or if the 24 superintendent or the superintendent's designee does not 25 meet with the resident within twenty business days, the 26 resident may submit a written request to the bo ard secretary 27 to have the issue brought before the school board or the 28 governing board as a meeting agenda item. If the secretary 29 receives the request at least five business days prior to 30 the next regularly scheduled board meeting, the issue shall 31 be placed as an item on the agenda for such meeting. If the 32 secretary receives the request less than five days before 33 the next regularly scheduled board meeting, the issue shall 34 be placed as an item on the agenda for the next subsequent 35 regular board meeting. An agenda item may be moved to a 36 different board meeting with the consent of the resident 37 requesting the agenda item; 38 (3) The school board or governing board may establish 39 reasonable rules governing agenda items including, but not 40 limited to, time limits for presentation or discussion of 41 45 CCS#2 HCS SS SCS SBs 681 & 662 the agenda item and limits on the number of speakers to a 42 single individual or to individuals who met with the 43 superintendent or the superintendent's designee before the 44 issue was brought before the bo ard as a meeting agenda item; 45 (4) The school board or governing board may refuse to 46 hear or delay hearing an agenda item if the school board or 47 governing board has heard an identical or substantially 48 similar issue in the previous three calendar mo nths or if 49 the resident has previously violated district rules 50 regarding conduct at meetings or on school property; and 51 (5) The school board or governing board may delay 52 hearing an agenda item if more than three resident -initiated 53 agenda items are scheduled for the same board meeting. If 54 the hearing of a resident's agenda item is delayed, the 55 school board or governing board shall provide the resident 56 with an alternate method of communicating to the school 57 board or governing board regarding th e agenda item. 58 162.084. 1. If any individual public elementary or 1 secondary school, any charter school, or any school district 2 is determined to be in the bottom five percent of scores on 3 the annual performance report, such school, c harter school, 4 or district shall mail a letter to the parents and guardians 5 of each student in such school, charter school, or district 6 informing such parents and guardians: 7 (1) That the individual public elementary or secondary 8 school, charter school, or school district has been 9 determined to be in the bottom five percent of scores on the 10 annual performance report; and 11 (2) What options are available to such students as a 12 result of the school's, charter school's, or district's 13 current status. 14 46 CCS#2 HCS SS SCS SBs 681 & 662 2. (1) Rules relating to the annual performance 15 report rating shall require the department of elementary and 16 secondary education to display, in a clear and easily 17 accessible manner on the department's website, the annual 18 performance report rating and ranking percentage for each 19 local education agency and each attendance center within the 20 local education agency, the accreditation status for each 21 school district, and a list of the bottom five percent of 22 scores for all schools and for all local education agencies. 23 (2) Each local education agency shall display the same 24 information outlined in subdivision (1) of this subsection 25 for the local education agency and each attendance center 26 within the local education agency in a clear and easily 27 accessible manner on the local education agency's website. 28 Information required to be posted on websites under this 29 subdivision shall be included in the annual school 30 accountability report card information required under 31 section 160.522. 32 3. The requirements to mail a letter under subsection 33 1 of this section and display information on the local 34 education agency's website under subdivision (2) of 35 subsection 2 of this section shall not apply to any special 36 school district or state opera ted school in which all of the 37 students enrolled are students with disabilities. 38 162.261. 1. The government and control of a seven - 1 director school district, other than an urban district, is 2 vested in a board of education of seven me mbers, who hold 3 their office for three years, except as provided in 4 [section] sections 162.241 and 162.563, and until their 5 successors are duly elected and qualified. Any vacancy 6 occurring in the board shall be filled by the remaining 7 members of the board; except that if there are more than two 8 47 CCS#2 HCS SS SCS SBs 681 & 662 vacancies at any one time, the county commission upon 9 receiving written notice of the vacancies shall fill the 10 vacancies by appointment. If there are more than two 11 vacancies at any one time in a county wit hout a county 12 commission, the county executive upon receiving written 13 notice of the vacancies shall fill the vacancies, with the 14 advice and consent of the county council, by appointment. 15 The person appointed shall hold office until the next 16 municipal election, when a director shall be elected for the 17 unexpired term. 18 2. No seven-director, urban, or metropolitan school 19 district board of education shall hire a spouse of any 20 member of such board for a vacant or newly created position 21 unless the position has been advertised pursuant to board 22 policy and the superintendent of schools submits a written 23 recommendation for the employment of the spouse to the board 24 of education. The names of all applicants as well as the 25 name of the applicant hired for the position [are to] shall 26 be included in the board minutes. 27 3. The provisions of Article VII, Section 6 of the 28 Missouri Constitution apply to school districts. 29 162.281. Except as provided in section 162.563, in all 1 seven-director districts, including urban districts, when 2 directors are to be elected for terms of different lengths, 3 each candidate shall declare for a term of a specific number 4 of years and the different terms shall be voted upon as 5 separate propositions. 6 162.291. Except as provided in section 162.563, the 1 voters of each seven -director district other than urban 2 districts shall, at municipal elections, elect two directors 3 who are citizens of the United States and resident taxpayers 4 of the district, who have resided in [this state] the 5 48 CCS#2 HCS SS SCS SBs 681 & 662 district for one year next preceding their election or 6 appointment, and who are at least twenty -four years of age. 7 162.471. 1. The government and control of an urban 1 school district is vested in a board of seven directors. 2 2. Except as provided in section 162.563, each 3 director shall be a voter of the district who has resided 4 within this state for one year next preceding [his] the 5 director's election or appointment and w ho is at least 6 twenty-four years of age. All directors, except as 7 otherwise provided in [section] sections 162.481 [and 8 section], 162.492, and 162.563, shall hold their offices for 9 six years and until their successors are duly elected and 10 qualified. All vacancies occurring in the board, except as 11 provided in section 162.492, shall be filled by appointment 12 by the board as soon as practicable, and the person 13 appointed shall hold [his] office until the next school 14 board election, when [his] a successor shall be elected for 15 the remainder of the unexpired term. The power of the board 16 to perform any official duty during the existence of a 17 vacancy continues unimpaired thereby. 18 162.481. 1. Except as otherwise provided in this 1 section and [in section] sections 162.492 and 162.563, all 2 elections of school directors in urban school districts 3 shall be held biennially at the same times and places as 4 municipal elections. 5 2. Except as otherwise provided in subsections 3, 4, 6 and 5 of this section, hereafter when a seven -director 7 district becomes an urban school district, the directors of 8 the prior seven-director district shall continue as 9 directors of the urban school district until the expiration 10 of the terms for which they were elected and until their 11 successors are elected as provided in this subsection. The 12 49 CCS#2 HCS SS SCS SBs 681 & 662 first biennial school election for directors shall be held 13 in the urban school district at the time provided in 14 subsection 1 which is on the date of or subsequent to the 15 expiration of the terms of the directors of the prior 16 district which are first to expire, and directors shall be 17 elected to succeed the directors of the prior district whose 18 terms have expired. If the terms of two directors only have 19 expired, the directors elected at the first biennial school 20 election in the urban school district shall be elected for 21 terms of six years. If the terms of four directors have 22 expired, two directors shall be elected for terms of six 23 years and two shall be elect ed for terms of four years. At 24 the next succeeding biennial election held in the urban 25 school district, successors for the remaining directors of 26 the prior seven-director district shall be elected. If only 27 two directors are to be elected they shall b e elected for 28 terms of six years each. If four directors are to be 29 elected, two shall be elected for terms of six years and two 30 shall be elected for terms of two years. After seven 31 directors of the urban school district have been elected 32 under this subsection, their successors shall be elected for 33 terms of six years. 34 3. In any school district in which a majority of the 35 district is located in any home rule city with more than one 36 hundred fifty-five thousand but fewer than two hundred 37 thousand inhabitants, elections shall be held annually at 38 the same times and places as general municipal elections for 39 all years where one or more terms expire, and the terms 40 shall be for three years and until their successors are duly 41 elected and qualified f or all directors elected on and after 42 August 28, 1998. 43 50 CCS#2 HCS SS SCS SBs 681 & 662 4. For any school district which becomes an urban 44 school district by reason of the 2000 federal decennial 45 census, elections shall be held annually at the same times 46 and places as general muni cipal elections for all years 47 where one or more terms expire, and the terms shall be for 48 three years and until their successors are duly elected and 49 qualified for all directors elected on and after August 28, 50 2001. 51 5. In any school district in an y county with a charter 52 form of government and with more than three hundred thousand 53 but fewer than four hundred fifty thousand inhabitants which 54 becomes an urban school district by reason of the 2010 55 federal decennial census, elections shall be held a nnually 56 at the same times and places as general municipal elections 57 for all years where one or more terms expire, and the terms 58 shall be for three years and until their successors are duly 59 elected and qualified for all directors elected on and after 60 April 2, 2012. 61 6. In any urban school district in a county of the 62 first classification with more than eighty -three thousand 63 but fewer than ninety -two thousand inhabitants and with a 64 home rule city with more than seventy -six thousand but fewer 65 than ninety-one thousand inhabitants as the county seat, 66 elections shall be held annually at the same times and 67 places as general municipal elections for all years where 68 one or more terms expire, and upon expiration of any term 69 after August 28, 2015, the term of office shall be for three 70 years and until their successors are duly elected and 71 qualified. 72 162.491. 1. Directors for urban school districts, 1 other than those districts containing the greater part of a 2 city of over one hundr ed thirty thousand inhabitants, may be 3 51 CCS#2 HCS SS SCS SBs 681 & 662 nominated by petition to be filed with the secretary of the 4 board and signed by a number of voters in the district equal 5 to ten percent of the total number of votes cast for the 6 director receiving the highest numb er of votes cast at the 7 next preceding biennial election, except as provided in 8 subsection 4 of this section. 9 2. This section shall not be construed as providing 10 the sole method of nominating candidates for the office of 11 school director in urban school districts [which] that do 12 not contain the greater part of a city of over three hundred 13 thousand inhabitants. 14 3. A director for any urban school district containing 15 a city of greater than one hundred thirty thousand 16 inhabitants and less tha n three hundred thousand inhabitants 17 may be nominated as an independent candidate by filing with 18 the secretary of the board a petition signed by five hundred 19 registered voters of such school district. 20 4. In any urban school district located in a c ounty of 21 the first classification with more than eighty -three 22 thousand but fewer than ninety -two thousand inhabitants and 23 with a home rule city with more than seventy -six thousand 24 but fewer than ninety -one thousand inhabitants as the county 25 seat, a candidate for director shall file a declaration of 26 candidacy with the secretary of the board and shall not be 27 required to submit a petition. 28 5. No candidate for election as a school board 29 director representing a subdistrict as provided in section 30 162.563 shall be required to file a declaration of candidacy 31 as provided in this section as the sole method of filing for 32 candidacy. 33 162.563. 1. As used in this section, the following 1 terms mean: 2 52 CCS#2 HCS SS SCS SBs 681 & 662 (1) "School board", the board v ested with the 3 government and control of a school district as described in 4 section 162.261 or section 162.471; 5 (2) "School district", a seven -director school 6 district or an urban school district established in this 7 chapter. 8 2. A school board may divide the school district into 9 seven subdistricts or a combination of subdistricts and at - 10 large districts and establish the election of school board 11 members as provided in this section. 12 3. (1) A school board desiring to divide a school 13 district as provided in this section shall vote on the 14 question of dividing the district as provided in this 15 section. Upon the approval of the question by at least four 16 members of the school board, the school board shall develop 17 a proposed plan as descr ibed in subdivision (2) of this 18 subsection. 19 (2) A school board dividing a school district as 20 provided in this section shall develop and adopt a proposed 21 plan for the division of the school district. Such proposed 22 plan shall be adopted upon the a pproval of at least four 23 members of the school board and shall contain at least the 24 following information: 25 (a) A summary of the proposed plan for dividing the 26 school district; 27 (b) A statement indicating whether the school district 28 will be divided into seven subdistricts or a combination of 29 subdistricts and at-large districts; 30 (c) A description of the areas of the school district 31 each newly elected school board member will represent, with 32 each subdistrict and at -large district repres ented by a 33 number; 34 53 CCS#2 HCS SS SCS SBs 681 & 662 (d) A statement indicating whether the existing school 35 board members will be replaced by the newly elected school 36 board members at one election or in succeeding elections to 37 provide for staggered terms of the members; and 38 (e) Any other information deemed necessary by the 39 school board. 40 (3) After the school board develops such proposed 41 plan, the school board shall immediately notify the election 42 authority of the county in which the school district is 43 located. Upon receiving such notification, the election 44 authority shall submit the question of whether to divide the 45 school district as described in the proposed plan to the 46 voters of the school district on the next available day for 47 any municipal election. If a majority of the registered 48 voters of the school district voting on the question approve 49 the division of the school district, the school board shall 50 follow the procedures described in subsection 4 of this 51 section. If a majority of the registered voters of the 52 school district voting on the question reject the division 53 of the school district, no division, as described in this 54 section shall occur. 55 4. (1) After approval of a question submitted under 56 subdivision (3) of subsection 3 of this section, a school 57 board dividing a school district as provided in this section 58 shall adopt a final plan for the division of the school 59 district based on the proposed plan developed under 60 subsection 3 of this section. Such final plan shall contain 61 at least the following information: 62 (a) A summary of the proposed plan for dividing the 63 school district; 64 (b) The time and place of at least two public hearings 65 to be held to consider the proposed plan; 66 54 CCS#2 HCS SS SCS SBs 681 & 662 (c) A statement indicating whether the school district 67 will be divided into seven subdistricts or a combination of 68 subdistricts and at-large districts; 69 (d) A description of the areas of the school district 70 each newly elected school board member will represent, with 71 each subdistrict and at -large district represented by a 72 number; 73 (e) A statement indicating whether the existing school 74 board members will be replaced by the newly elected school 75 board members at one election or in succeeding elections to 76 provide for staggered terms of th e members; and 77 (f) Any other information deemed necessary by the 78 school board. 79 (2) For each hearing held as provided in this 80 subsection, the school board shall: 81 (a) Publish notice of the hearing, the proposed plan, 82 and any amendments t o the proposed plan adopted at a 83 previous hearing on the school district's website and by any 84 other method allowed by law, with the first publication to 85 occur no more than thirty days before the hearing and the 86 second publication to occur no earlier th an fifteen days and 87 no later than ten days before the hearing; 88 (b) Hear all alternate proposals for division of the 89 school district and receive evidence for or against such 90 alternate proposals; 91 (c) Hear all protests and receive evidence for or 92 against such proposed division; 93 (d) Vote on each alternate proposal and protest, which 94 vote shall be the final determination of such alternate 95 proposal or protest; 96 (e) Adopt any amendments to the proposed plan; and 97 55 CCS#2 HCS SS SCS SBs 681 & 662 (f) Perform any other actions related to the proposed 98 plan deemed necessary by the school board. 99 (3) (a) After the conclusion of the final hearing 100 proceedings but before adjourning such hearing, the school 101 board shall adopt the final plan to divide the school 102 district developed as a result of the hearings. 103 (b) After the school board adopts the final plan, the 104 school board shall present the final plan to the election 105 authority of the county in which the school district is 106 located for actions required unde r subdivision (4) of this 107 subsection and publish the final plan in the same manner as 108 the initial proposed plan was published under paragraph (a) 109 of subdivision (2) of this subsection. The final plan shall 110 contain at least the following information: 111 a. A summary of the final plan for dividing the school 112 district; 113 b. A statement indicating whether the school district 114 will be divided into seven subdistricts or a combination of 115 subdistricts and at-large districts; 116 c. A description of the areas of the school district 117 each newly elected school board member will represent, with 118 each subdistrict and at -large district represented by a 119 number; 120 d. The date of the election of each new school board 121 member as provided in the final plan ; 122 e. A statement indicating whether the existing school 123 board members will be replaced by the newly elected school 124 board members at one election or in succeeding elections to 125 provide for staggered terms of the members; and 126 f. Any other information deemed necessary by the 127 school board. 128 56 CCS#2 HCS SS SCS SBs 681 & 662 (4) (a) After a final plan is adopted as provided in 129 subdivision (3) of this subsection, before December first of 130 the calendar year immediately preceding the general 131 municipal election day in the cale ndar year in which the 132 residents of the school district will vote to elect new 133 school board members as provided in the final plan, the 134 school board shall divide the school district into seven 135 subdistricts or a combination of subdistricts and at -large 136 districts as directed in the final plan. All subdistricts 137 required by the final plan shall be of contiguous and 138 compact territory and as nearly equal in population as 139 practicable in accordance with the final plan. Within six 140 months after each decenni al census is reported to the 141 President of the United States, the school board shall 142 reapportion the subdistricts to be as nearly equal in 143 population as practicable. After the school board divides 144 the school district or reapportions the subdistricts, t he 145 school board shall notify the residents of the school 146 district as provided by law. 147 (b) Any resident of the school district who believes 148 the school board has divided the school district or 149 reapportioned subdistricts in violation of paragraph (a ) of 150 this subdivision may petition the circuit court of the 151 county in which the school district exists for an order 152 directing the school board to divide the school district or 153 reapportion the subdistricts as provided in paragraph (a) of 154 this subdivision. The petition shall be submitted to the 155 circuit court within ten business days of the school board's 156 notice required in paragraph (a) of this subdivision. 157 (5) On the first day available for candidate filing 158 for the first general municipal elec tion occurring after the 159 school district is divided as provided in this subsection, 160 57 CCS#2 HCS SS SCS SBs 681 & 662 any qualified resident who has or will have resided in a 161 subdistrict or at-large district for the year immediately 162 preceding the general municipal election day may file as a 163 candidate for election to the school board as a member 164 representing such subdistrict or at -large district. At the 165 end of the time available for candidate filing, if no 166 qualified resident of a subdistrict has filed as a candidate 167 in that subdistrict, the election authority shall extend the 168 time for candidate filing by seven additional days, and any 169 qualified resident of the school district who has or will 170 have resided in the school district for the year immediately 171 preceding the general munic ipal election day may file as a 172 candidate for election to the school board as a member 173 representing that subdistrict. No school district shall 174 require a candidate to submit a petition signed by the 175 registered voters of the school district as a method of 176 filing a declaration of candidacy. The election authority 177 shall determine the validity of all declarations of 178 candidacy. 179 (6) When the election is held on the general municipal 180 election day, the seven candidates, one from each of the 181 subdistricts or at-large districts, who receive a plurality 182 of the votes cast by the voters of that subdistrict or at - 183 large district shall be elected. Any candidate who is not a 184 subdistrict resident but qualifies as a candidate as a 185 school district resident a s provided in subdivision (5) of 186 this subsection shall be elected by the voters of the school 187 district. Each member shall be elected to a term as 188 provided in the final plan adopted as provided in 189 subdivision (3) of this subsection. 190 (7) Each member shall serve until a successor is 191 elected or the member vacates the office. Any vacancy that 192 58 CCS#2 HCS SS SCS SBs 681 & 662 occurs before the end of the member's term shall be filled 193 as provided in section 162.261 or 162.471. 194 (8) Except for a member who is not a subdistrict 195 resident but is elected as a school district resident to 196 represent a subdistrict as provided in subdivision (5) of 197 this subsection, each member shall reside in the subdistrict 198 the member represents during the member's term. 199 (9) All other provisions applicable to school 200 districts that are not in conflict with this subsection 201 shall apply to school districts divided as provided in this 202 subsection. 203 5. (1) If any school district receives a petition, 204 signed by at least ten percent of the numb er of registered 205 voters of the school district voting in the last school 206 board election, calling for the school district to divide 207 into seven subdistricts or a combination of subdistricts and 208 at-large districts and establish the election of school 209 board members as provided in this subsection, the school 210 district shall immediately notify the election authority of 211 the county in which the school district is located. Upon 212 receiving such notification, the election authority shall 213 submit the question of whether to divide the school district 214 as provided by the petition to the voters of the school 215 district on the next available day for any municipal 216 election. If a majority of the registered voters of the 217 school district voting on the question approve the division 218 of the school district, the school board shall begin the 219 process of adopting the plan as described in this 220 subsection. If a majority of the registered voters of the 221 school district voting on the question reject the division 222 of the school district, no division as described in the 223 petition shall occur. 224 59 CCS#2 HCS SS SCS SBs 681 & 662 (2) (a) Any such petition submitted to the school 225 district as provided in this subsection shall contain a 226 proposed plan for the division of the school district. Such 227 proposed plan shall contain at least the following 228 information: 229 a. A summary of the proposed plan for dividing the 230 school district; 231 b. A statement indicating whether the school district 232 will be divided into seven subdistricts or a combination of 233 subdistricts and at-large districts; 234 c. A description of the areas of the school district 235 each newly elected school board member will represent, with 236 each subdistrict and at -large district represented by a 237 number; 238 d. The proposed date of the electi on of each new 239 school board member as provided in the proposed plan; 240 e. A statement indicating whether the existing school 241 board members will be replaced by the newly elected school 242 board members at one election or in succeeding elections to 243 provide for staggered terms of the members; and 244 f. Any other information deemed necessary by the 245 school board. 246 (b) If a division of the school district is approved 247 by the voters as provided in subdivision (1) of this 248 subsection, the school board shall create a school district 249 division commission to develop a final plan for division of 250 the school district. The commission shall: 251 a. Be composed of nine members as follows: 252 (i) Three members appointed by the superintendent of 253 the school district; 254 (ii) Three members appointed by the county commission; 255 and 256 60 CCS#2 HCS SS SCS SBs 681 & 662 (iii) Three members appointed by the organizers of the 257 petition to divide the school district; and 258 b. Set the time and place of at least two hearings to 259 be held to consider the proposed plan. For each hearing 260 held, the commission shall: 261 (i) Publish notice of the hearing, the proposed plan, 262 and any amendments to the proposed plan adopted at a 263 previous hearing on the school district's website and by any 264 other method allowed by law, with the first publication to 265 occur no more than thirty days before the hearing and the 266 second publication to occur no earlier than fifteen days and 267 no later than ten days before the hearing; 268 (ii) Conduct the hearing on th e proposal for division 269 of the district on behalf of the petitioners; 270 (iii) Hear all protests and receive evidence for or 271 against such proposed division; and 272 (iv) Vote to adopt any proposed plan amendments agreed 273 to by the petitioners as a r esult of the hearings. 274 (c) Within ninety days after the adjournment of the 275 final hearing conducted as provided in this subdivision, the 276 commission shall submit the final plan to the election 277 authority of the county in which the school district is 278 located for actions required in subdivision (3) of this 279 subsection and publish the final plan in the same manner as 280 the initial proposed plan was published as provided in item 281 (i) of subparagraph b. of paragraph (b) of this 282 subdivision. The final plan shall contain at least the 283 following information: 284 a. A summary of the final plan for dividing the school 285 district; 286 61 CCS#2 HCS SS SCS SBs 681 & 662 b. A statement indicating whether the school district 287 will be divided into seven subdistricts or a combination of 288 subdistricts and at-large districts; 289 c. A description of the areas of the school district 290 each newly elected school board member will represent, with 291 each subdistrict and at -large district represented by a 292 number; 293 d. The date of the election of each new school board 294 member as provided in the final plan; 295 e. A statement indicating whether the existing school 296 board members will be replaced by the newly elected school 297 board members at one election or in succeeding elections to 298 provide for staggered terms of the members; and 299 f. Any other information deemed necessary by the 300 commission. 301 (3) (a) After a final plan is submitted to the 302 election authority as provided in subdivision (2) of this 303 subsection, before December first of the cal endar year 304 immediately preceding the general municipal election day in 305 the calendar year in which the residents of the school 306 district will vote to elect new school board members as 307 provided in the final plan, the school district division 308 commission shall divide the school district into seven 309 subdistricts or a combination of subdistricts and at -large 310 districts as directed in the final plan. All subdistricts 311 required by the final plan shall be of contiguous and 312 compact territory and as nearly equal in population as 313 practicable in accordance with the final plan. Within six 314 months after each decennial census is reported to the 315 President of the United States, the commission shall 316 reapportion the subdistricts to be as nearly equal in 317 population as practicable. After the commission divides the 318 62 CCS#2 HCS SS SCS SBs 681 & 662 school district or reapportions the subdistricts, the 319 commission shall notify the residents of the school district 320 as provided by law. 321 (b) Any resident of the school district who believes 322 the school district division commission has divided the 323 school district or reapportioned subdistricts in violation 324 of paragraph (a) of this subdivision may petition the 325 circuit court of the county in which the school district 326 exists for an order directing the co mmission to divide the 327 school district or reapportion the subdistricts as provided 328 in paragraph (a) of this subdivision. The petition shall be 329 submitted to the circuit court within ten business days of 330 the commission's notice provided in paragraph (a) of this 331 subdivision. 332 (4) On the first day available for candidate filing 333 for the first general municipal election occurring after the 334 school district is divided as provided in this subsection, 335 any qualified resident who has or will have resided in a 336 subdistrict or at-large district for the year immediately 337 preceding the general municipal election day may file as a 338 candidate for election to the school board as a member 339 representing such subdistrict or at -large district. At the 340 end of the time available for candidate filing, if no 341 qualified resident of a subdistrict has filed as a candidate 342 in that subdistrict, the election authority shall extend the 343 time for candidate filing by seven additional days, and any 344 qualified resident of the scho ol district who has or will 345 have resided in the school district for the year immediately 346 preceding the general municipal election day may file as a 347 candidate for election to the school board as a member 348 representing that subdistrict. No school district shall 349 require a candidate to submit a petition signed by the 350 63 CCS#2 HCS SS SCS SBs 681 & 662 registered voters of the school district as a method of 351 filing a declaration of candidacy. The election authority 352 shall determine the validity of all declarations of 353 candidacy. 354 (5) When the election is held on the general municipal 355 election day, the seven candidates, one from each of the 356 subdistricts or at-large districts, who receive a plurality 357 of the votes cast by the voters of that subdistrict shall be 358 elected. Any candidate who is not a subdistrict resident 359 but qualifies as a candidate as a school district resident 360 as provided in subdivision (4) of this subsection shall be 361 elected by the voters of the school district. Each member 362 shall be elected to a term as provided i n the final plan 363 approved as provided in subdivision (2) of this subsection. 364 (6) Each member shall serve until a successor is 365 elected or the member vacates the office. Any vacancy that 366 occurs before the end of the member's term shall be filled 367 as provided in section 162.261 or 162.471. 368 (7) Except for a member who is not a subdistrict 369 resident but is elected as a school district resident to 370 represent a subdistrict as provided in subdivision (4) of 371 this subsection, each member shall reside in the subdistrict 372 the member represents during the member's term. 373 (8) All other provisions applicable to school 374 districts that are not in conflict with this subsection 375 shall apply to school districts divided as provided in this 376 subsection. 377 6. No new plan for division of the school district 378 shall be proposed or adopted as provided in this section 379 sooner than five years after a division of the school 380 district as provided in this section. 381 64 CCS#2 HCS SS SCS SBs 681 & 662 162.720. 1. (1) This subdivision shall apply to all 1 school years ending before July 1, 2024. Where a sufficient 2 number of children are [determined to be] identified as 3 gifted and their development requires programs or services 4 beyond the level of those ordinarily provided in regu lar 5 public school programs, districts may establish special 6 programs for such gifted children. 7 (2) For school year 2024 -25 and all subsequent school 8 years, if three percent or more of students enrolled in a 9 school district are identified as gifte d and their 10 development requires programs or services beyond the level 11 of those ordinarily provided in regular public school 12 programs, the district shall establish a state -approved 13 gifted program for gifted children. 14 2. For school year 2024 -25 and all subsequent school 15 years, any teacher providing gifted services to students in 16 districts with an average daily attendance of more than 17 three hundred fifty students shall be certificated in gifted 18 education. In districts with an average daily atte ndance of 19 three hundred fifty students or fewer, any teacher providing 20 gifted services shall not be required to be certificated to 21 teach gifted education but such teacher shall annually 22 participate in at least six clock hours of professional 23 development focused on gifted services. The school district 24 shall pay for such professional development focused on 25 gifted services. 26 3. The state board of education shall determine 27 standards for such gifted programs and gifted services. 28 Approval of [such] gifted programs shall be made by the 29 state department of elementary and secondary education based 30 upon project applications submitted [by July fifteenth of 31 65 CCS#2 HCS SS SCS SBs 681 & 662 each year] at a time and in a form determined by the 32 department of elementary and secondary ed ucation. 33 [3.] 4. No district shall [make a determination as to 34 whether] identify a child [is] as gifted based on the 35 child's participation in an advanced placement course or 36 international baccalaureate course. Districts shall 37 [determine] identify a child [is] as gifted only if the 38 child meets the definition of gifted children as provided in 39 section 162.675. 40 [4.] 5. Any district with a gifted education program 41 approved under subsection [2] 3 of this section shall have a 42 policy, approved by the board of education of the district, 43 that establishes a process that outlines the procedures and 44 conditions under which parents or guardians may request a 45 review of the decision [that determined] that their child 46 did not qualify to receive servic es through the district's 47 gifted education program. 48 [5.] 6. School districts and school district employees 49 shall be immune from liability for any and all acts or 50 omissions relating to the decision that a child did not 51 qualify to receive services through the district's gifted 52 education program. 53 7. The department of elementary and secondary 54 education may promulgate all necessary rules and regulations 55 for the implementation and administration of this section. 56 Any rule or portion of a rule, as that term is defined in 57 section 536.010, that is created under the authority 58 delegated in this section shall become effective only if it 59 complies with and is subject to all of the provisions of 60 chapter 536 and, if applicable, section 536.028. This 61 section and chapter 536 are nonseverable, and if any of the 62 powers vested with the general assembly pursuant to chapter 63 66 CCS#2 HCS SS SCS SBs 681 & 662 536 to review, to delay the effective date, or to disapprove 64 and annul a rule are subsequently held unconstitutional, 65 then the grant of rulemaking authority and any rule proposed 66 or adopted after August 28, 2022, shall be invalid and void. 67 162.974. 1. The state department of elementary and 1 secondary education shall reimburse school districts, 2 including special school districts, for the special 3 educational costs of high -need children with an 4 individualized education program exceeding three times the 5 current expenditure per average daily attendance as 6 calculated on the district annual secretary of the board 7 report for the year in which expenditures are claimed. For 8 any school district with an average daily attendance of five 9 hundred students or fewer, the calculation of three times 10 the current expenditure per average daily attendance shall 11 not include any moneys reimbursed to a school district under 12 this section. 13 2. A school district shall submit, through timely 14 application, as determined by the state department of 15 elementary and secondary education, the cost of serving any 16 high-needs student with an individualized education program , 17 as provided in subsection 1 of this section. 18 162.1255. 1. As used in this section, the following 1 terms 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 perce ntage", the 8 quotient of the district or charter school's prior year 9 67 CCS#2 HCS SS SCS SBs 681 & 662 average daily attendance divided 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 school's competency - 19 based courses shall equal, upon course completion, the 20 product of the district's or charter school's prior year 21 average attendance percent age multiplied by the total number 22 of attendance hours normally allocable to a noncompetency - 23 based course of equal credit value. 24 163.016. 1. Notwithstanding the provisions of section 1 163.011, for any school district located in more than one 2 county and whose headquarters are located within a city of 3 the fourth classification with more than two thousand five 4 hundred but fewer than two thousand six hundred inhabitants 5 and located in more than one county, the county signified in 6 the school district number shall be the county in the 7 district with the highest dollar value modifier. 8 2. Notwithstanding the provisions of section 163.011 9 to the contrary, for any school district located in more 10 than one county and whose headquarter s are located within a 11 city with more than two thousand seven hundred but fewer 12 than three thousand inhabitants and located in a county with 13 more than fourteen thousand but fewer than fifteen thousand 14 seven hundred inhabitants and with a county seat wi th more 15 than two thousand but fewer than three thousand inhabitants, 16 the county signified in the school district number shall be 17 68 CCS#2 HCS SS SCS SBs 681 & 662 the county in the district with the highest dollar value 18 modifier. 19 3. Notwithstanding the provisions of section 163.0 11 20 to the contrary, for any school district located in more 21 than one county and whose headquarters are located within a 22 city with more than one thousand one hundred seventy but 23 fewer than one thousand three hundred inhabitants and 24 located in a county with more than sixty thousand but fewer 25 than seventy thousand inhabitants, the county signified in 26 the school district number shall be the county in the 27 district with the highest dollar value modifier. 28 4. Notwithstanding the provisions of section 163.011 29 to the contrary, for any school district located in more 30 than one county and whose headquarters are located within a 31 city with more than one thousand three hundred but fewer 32 than one thousand five hundred inhabitants and partially 33 located in a county with more than eight thousand but fewer 34 than eight thousand nine hundred inhabitants and with a 35 county seat with more than three hundred but fewer than six 36 hundred inhabitants, the county signified in the school 37 district number shall be the cou nty in the district with the 38 highest dollar value modifier. 39 167.151. 1. The school board of any district, in its 1 discretion, may admit to the school pupils not entitled to 2 free instruction and prescribe the tuition fee to be paid by 3 them, except as provided in subdivision (2) of subsection 3 4 of this section and in sections 167.121, 167.131, 167.132, 5 and 167.895. 6 2. Orphan children, children with only one parent 7 living, and children whose parents do not contribute to 8 their support—if the children are between the ages of six 9 and twenty years and are unable to pay tuition —may attend 10 69 CCS#2 HCS SS SCS SBs 681 & 662 the schools of any district in the state in which they have 11 a permanent or temporary home without paying a tuition fee. 12 3. (1) For all school years ending on or before June 13 30, 2023, any [person] individual who pays a school tax in 14 any other district than that in which [he] such individual 15 resides may send [his] such individual's children to any 16 public school in the district in which t he tax is paid and 17 receive as a credit on the amount charged for tuition the 18 amount of the school tax paid to the district; except that 19 any [person] individual who owns real estate of which eighty 20 acres or more are used for agricultural purposes and up on 21 which [his] such individual's residence is situated may send 22 [his] such individual's children to public school in any 23 school district in which a part of such real estate, 24 contiguous to that upon which [his] such individual's 25 residence is situated, lies and shall not be charged tuition 26 therefor; so long as thirty -five percent of the real estate 27 is located in the school district of choice. The school 28 district of choice shall count the children in its average 29 daily attendance for the purpose of di stribution of state 30 aid through the foundation formula. 31 (2) For all school years beginning on or after July 1, 32 2023, any current owner of residential real property or 33 agricultural real property or a named beneficiary of a trust 34 that currently owns residential real property or 35 agricultural real property and that pays a school tax in a 36 district or districts other than the district in which such 37 current owner or current beneficiary resides may send up to 38 four of such owner's or beneficiary's chil dren to a public 39 school, excluding a charter school, in any district in which 40 such owner or trust pays such school tax. For purposes of 41 this subdivision, "residential real property" shall not 42 70 CCS#2 HCS SS SCS SBs 681 & 662 include any multi-family residential property which exceeds 43 four units. An owner or a named beneficiary of a trust that 44 currently owns residential real property shall not be 45 permitted under this subdivision to send their child to a 46 district outside of the county in which they currently 47 reside. Such owner or beneficiary shall send thirty days' 48 written notice to all school districts involved specifying 49 which school district each child will attend. Such owner or 50 beneficiary shall also present proof of the owner's or 51 trust's annual payment of at least two t housand dollars of 52 school taxes levied on the real property specified in this 53 subdivision within such school district and ownership of the 54 specified real property for not less than the immediately 55 preceding four consecutive years. Neither the resident nor 56 nonresident districts shall be responsible for providing 57 transportation services under this subdivision. The school 58 district attended shall count a child attending under this 59 subdivision in its average daily attendance for the purpose 60 of distribution of state aid under chapter 163, except that 61 such nonresident students shall not be counted in the 62 district's average daily attendance for the purposes of 63 determining eligibility for aid payments under section 64 163.044. 65 4. For any school year ending on or before June 30, 66 2023, any owner of agricultural land who, pursuant to 67 subsection 3 of this section, has the option of sending his 68 children to the public schools of more than one district 69 shall exercise such option as provided in this subs ection. 70 Such person shall send written notice to all school 71 districts involved specifying to which school district his 72 children will attend by June thirtieth in which such a 73 school year begins. If notification is not received, such 74 71 CCS#2 HCS SS SCS SBs 681 & 662 children shall attend the school in which the majority of 75 his property lies. Such person shall not send any of his 76 children to the public schools of any district other than 77 the one to which he has sent notice pursuant to this 78 subsection in that school year or in which the majority of 79 his property lies without paying tuition to such school 80 district. 81 5. If a pupil is attending school in a district other 82 than the district of residence and the pupil's parent is 83 teaching in the school district or is a regular emp loyee of 84 the school district which the pupil is attending, then the 85 district in which the pupil attends school shall allow the 86 pupil to attend school upon payment of tuition in the same 87 manner in which the district allows other pupils not 88 entitled to free instruction to attend school in the 89 district. The provisions of this subsection shall apply 90 only to pupils attending school in a district which has an 91 enrollment in excess of thirteen thousand pupils and not in 92 excess of fifteen thousand pupils a nd which district is 93 located in a county [of the first classification ] with a 94 charter form of government which has a population in excess 95 of six hundred thousand persons and not in excess of nine 96 hundred thousand persons. 97 167.225. 1. As used in subsections 1 to 4 of this 1 section, the following terms mean: 2 (1) "Braille", the system of reading and writing 3 through touch; 4 (2) "Student", any student who has an impairment in 5 vision that, even with correction, adversely affe cts a 6 child's educational performance and who is determined 7 eligible for special education services under the 8 Individuals with Disabilities Education Act. 9 72 CCS#2 HCS SS SCS SBs 681 & 662 2. All students shall receive instruction in braille 10 reading and writing as part of their i ndividualized 11 education plan unless the individual education program team 12 determines, after an evaluation of a student's reading and 13 writing skills, needs, and appropriate reading and writing 14 media, including an evaluation of the student's future needs 15 for instruction in braille or the use of braille, that 16 instruction in braille or the use of braille is not 17 appropriate. No student shall be denied instruction in 18 braille reading and writing solely because the student has 19 some remaining vision. 20 3. Instruction in braille reading and writing shall be 21 sufficient to enable each student to communicate effectively 22 and efficiently at a level commensurate with the student's 23 sighted peers of comparable grade level and intellectual 24 functioning. The student's individualized education plan 25 shall specify: 26 (1) How braille will be implemented as the primary 27 mode for learning through integration with normal classroom 28 activities. If braille will not be provided to a child who 29 is blind, the reason for not incorporating it in the 30 individualized education plan shall be documented therein; 31 (2) The date on which braille instruction will 32 commence; 33 (3) The level of competency in braille reading and 34 writing to be achieved by the end of the p eriod covered by 35 the individualized education plan; and 36 (4) The duration of each session. 37 4. As part of the certification process, teachers 38 certified in the education of blind and visually impaired 39 children shall be required to demonstrate c ompetence in 40 reading and writing braille. The department of elementary 41 73 CCS#2 HCS SS SCS SBs 681 & 662 and secondary education shall adopt assessment procedures to 42 assess such competencies which are consistent with standards 43 adopted by the National Library Service for the Blind and 44 Physically Handicapped, Library of Congress, Washington, D. 45 C. 46 5. (1) Subsections 5 to 9 of this section shall be 47 known and may be cited as the "Blind Students' Rights to 48 Independence, Training, and Education Act" or the "BRITE 49 Act". 50 (2) As used in subsections 5 to 9 of this section, the 51 following terms mean: 52 (a) "Accessible assistive technology device", an 53 assistive technology device, as defined in 20 U.S.C. Section 54 1401, as amended, that provides blind or visually impaired 55 students the benefits of an educational program in an 56 equally effective and integrated manner as that provided to 57 nondisabled students; 58 (b) "Adequate instruction", the quality teaching of 59 blind or visually impaired students, as it pertains to 60 general education and necessary blindness skills, in 61 alignment with the U.S. Department of Education's definition 62 of free appropriate public education, as defined in 20 63 U.S.C. Section 1401, as amended; 64 (c) "Blind or visually impaired student": 65 a. A child who: 66 (i) Has an individualized education program (IEP) or 67 an individualized family service plan (IFSP), as such terms 68 are defined in 20 U.S.C. Section 1401, as amended, or a 504 69 plan created under Section 504 of the federal Rehabilitation 70 Act of 1973, 29 U.S.C. Section 794, as amended; and 71 (ii) Is identified as having the disability of "visual 72 impairment (including blindness)" within the definition of 73 74 CCS#2 HCS SS SCS SBs 681 & 662 "child with a disability" in 20 U.S.C. Section 1401, as 74 amended; or 75 b. An individual who is deaf -blind under the federal 76 Individuals with Disabilities Education Act (IDEA), as 77 amended, or other federal law; 78 (d) "Braille", the system of reading and writing 79 through touch; 80 (e) "Expanded core curriculum", a disability -specific 81 curriculum that compensates for vision loss, is foundational 82 to all other learning, and that covers the nine essential 83 areas of compensatory access, sensory efficiency, assistive 84 technology, orientation and mobility, social interaction, 85 recreation and leisure, independent living, self - 86 determination, and career education; 87 (f) "Grade level instruction", instruction that aligns 88 with state-designated content standards and curricula for 89 students of the same age or level of maturity, based on the 90 development of intellectual, emotional, physical, and 91 behavioral capacity that is typical for the student's age or 92 age group; 93 (g) "Local educational agency" or "LEA", the same 94 definition as in 20 U.S.C. Section 1401, as amended; 95 (h) "Nonvisual access", the ability of a blind or 96 visually impaired student to use all functions of a device, 97 without using the student's vision, in an equally effective, 98 equally integrated manner and with equivalent ease of use as 99 the student's sighted pe ers; 100 (i) "Nonvisual skills", skills that are taught in such 101 a way that the student does not need to use any vision; 102 (j) "State educational agency", the same definition as 103 in 20 U.S.C. Section 1401, as amended; 104 75 CCS#2 HCS SS SCS SBs 681 & 662 (k) "Technology-mediated learning environments and 105 methods", the settings in which electronic and information 106 technology including, but not limited to, the following is 107 used: 108 a. Computer-based applications and simulations; 109 b. Personal and mobile computing devices suc h as 110 smartphones or tablets; 111 c. Web-based platforms; 112 d. Online or distance-learning programs; 113 e. Video games; and 114 f. Exhibits or installations that feature digital 115 media, wearable technology, or other tools that support 116 participants' engagement with new knowledge, skills, or 117 practices; 118 (l) "U.S. Access Board", the independent federal 119 agency created in 1973 that promotes equality for people 120 with disabilities through leadership in accessible design 121 and the development of a ccessibility guidelines and 122 standards. 123 6. (1) Each blind or visually impaired student shall 124 receive instruction in Braille reading and writing as part 125 of such student's individualized education program (IEP) or 126 individualized family support plan (IFSP) unless the IEP or 127 IFSP team determines, after an evaluation of the student's 128 reading and writing skills, needs, and appropriate reading 129 and writing media including, but not limited to, an 130 evaluation of the student's needs for instruction in Bra ille 131 or the use of Braille, that instruction in Braille or the 132 use of Braille is not appropriate. No blind or visually 133 impaired student shall be denied instruction in Braille 134 reading and writing solely because the student has some 135 vision. During the evaluation and IEP process, 136 76 CCS#2 HCS SS SCS SBs 681 & 662 consideration shall be given regarding appropriate Braille 137 instruction based on a potential vision loss due to a 138 degenerative medical diagnosis. 139 (2) In conjunction with the U.S. Department of 140 Education's Braille presu mption requirement in the federal 141 Individuals with Disabilities Education Act (IDEA), as 142 amended, instruction in Braille reading and writing shall be 143 sufficient to enable each blind or visually impaired student 144 to communicate effectively and efficientl y at a level 145 commensurate with the student's same age and with the 146 student's nondisabled peers of comparable intellectual 147 ability. The blind or visually impaired student's 148 individualized education program (IEP) or individualized 149 family support plan ( IFSP) shall specify: 150 (a) The results obtained from an evaluation of the 151 blind or visually impaired student's reading and writing 152 skills, needs, and appropriate reading and writing media 153 including, but not limited to, an evaluation of the blind or 154 visually impaired student's needs for instruction in Braille 155 or the use of Braille including, but not limited to, 156 consideration regarding appropriate Braille instruction 157 based on a potential vision loss due to a degenerative 158 medical diagnosis; 159 (b) How Braille will be implemented, if needed as 160 determined by the IEP team, as a primary mode for learning 161 through integration with other classroom activities; 162 (c) The length of the period of instruction and the 163 frequency and duration of each ins tructional session as 164 determined by the IEP team, which shall, as closely as 165 appropriate based on individual needs, be identical to the 166 level of instruction provided to nondisabled peers; and 167 77 CCS#2 HCS SS SCS SBs 681 & 662 (d) The level of competency in Braille reading and 168 writing to be achieved by the end of the period. 169 (3) Use, and provision, of Braille materials for 170 reading and writing shall be addressed in 504 plans for 171 blind or visually impaired students created under Section 172 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 173 Section 794, as amended. 174 7. In conjunction with academic achievement and 175 functional performance requirements of 34 CFR 176 300.320(a)(2)(i), as amended, instruction in expanded core 177 curriculum shall be provided to blind or visually impaired 178 students to support progress in the general education 179 curriculum. 180 8. (1) Each blind or visually impaired student shall 181 receive instruction in assistive technology as part of the 182 student's individualized education program (IEP) or 183 individualized family support plan (IFSP) unless the IEP or 184 IFSP team determines, after an evaluation of a student's 185 needs, that instruction in assistive technology is not 186 appropriate. No student shall be denied instruction in 187 assistive technology solely because the student has some 188 vision. 189 (2) In conjunction with accessible assistive 190 technology requirements of the federal Individuals with 191 Disabilities Education Act (IDEA) in 20 U.S.C. 192 1412(a)(12)(B)(i), as amended, the blind or visually 193 impaired student shall receive grade -level instruction that 194 will equip the blind or visually impaired student with the 195 appropriate technology -mediated learning environments and 196 methods to perform on the same level of proficiency expected 197 of peers of comparabl e intellectual ability and grade 198 78 CCS#2 HCS SS SCS SBs 681 & 662 level. The blind or visually impaired student's IEP or IFSP 199 shall specify: 200 (a) The results obtained from an assessment of the 201 blind or visually impaired student's skills, needs, and 202 appropriate accessible assisti ve technology including, but 203 not limited to, an evaluation of the future needs for 204 accessible assistive technology training or the use of 205 accessible assistive technology; 206 (b) How accessible assistive technology will be 207 implemented as a primary mo de for learning through 208 integration with other classroom activities; 209 (c) The frequency and duration of each instructional 210 session; 211 (d) The level of mastery of the accessible assistive 212 technology specified by the blind or visually impaired 213 student's assessment to be achieved by the end of the 214 period; and 215 (e) Acknowledgment that either: 216 a. The blind or visually impaired student may 217 transport the accessible assistive technology to and from 218 school without the need for payment, fam ily assumption of 219 liability for loss or damage, or any other cost to the blind 220 or visually impaired student or the family; or 221 b. If the accessible assistive technology remains at 222 school, the LEA will provide duplicate accessible assistive 223 technology in the blind or visually impaired student's home 224 without requiring payment, family assumption of liability 225 for loss or damage, or any other cost to the blind or 226 visually impaired student or the family. 227 (3) Use, and provision, of accessible ass istive 228 technology shall be addressed in 504 plans for blind or 229 visually impaired students created under Section 504 of the 230 79 CCS#2 HCS SS SCS SBs 681 & 662 federal Rehabilitation Act of 1973, 29 U.S.C. Section 794, 231 as amended. 232 9. (1) Each blind or visually impaired student shal l 233 receive instruction in orientation and mobility as part of 234 the student's individualized education program (IEP) or 235 individualized family support plan (IFSP) unless the IEP or 236 IFSP team determines, after an evaluation of a student's 237 needs, that instruction in orientation and mobility is not 238 appropriate. No student shall be denied instruction in 239 orientation and mobility solely because the student has some 240 vision. 241 (2) In conjunction with orientation and mobility 242 services requirements of 34 CF R 300.34(c)(7), as amended, 243 blind or visually impaired students shall receive 244 orientation and mobility instruction to equip each blind or 245 visually impaired student with the age -appropriate tools, 246 techniques, and nonvisual skills to navigate in and arou nd 247 the student's home, schools, communities, and other 248 environments as applicable, and as expected of peers of 249 comparable intellectual ability and grade level. The blind 250 or visually impaired student's IEP or IFSP shall specify: 251 (a) The results obtained from an evaluation of the 252 blind or visually impaired student's orientation and 253 mobility needs including, but not limited to, an evaluation 254 of the blind or visually impaired student's future needs for 255 instruction in orientation and mobility; 256 (b) How orientation and mobility will be integrated 257 into the home, school, and community; 258 (c) The date on which orientation and mobility 259 instruction will commence; 260 (d) The frequency and duration of each instructional 261 session; and 262 80 CCS#2 HCS SS SCS SBs 681 & 662 (e) The level of mastery of orientation and mobility 263 skills to be achieved by the end of the period. 264 (3) Orientation and mobility equipment, 265 accommodations, and modifications shall be addressed in 504 266 plans for blind or visually impaired students cr eated under 267 Section 504 of the federal Rehabilitation Act of 1973, 29 268 U.S.C. Section 794, as amended. 269 (4) An orientation and mobility evaluation shall be 270 conducted by a person who is appropriately certified by the 271 National Blindness Professional Certification Board (NBPCB) 272 with a National Orientation and Mobility Certification 273 (NOMC), or through the Academy for Certification of Vision 274 Rehabilitation and Education Professionals (ACVREP) as a 275 Certified Orientation and Mobility Specialist (COMS), or who 276 holds a nationally recognized certification related to 277 orientation and mobility. 278 (5) The orientation and mobility evaluations described 279 in subdivision (4) of this subsection shall occur in 280 familiar and unfamiliar environments, during the daytime and 281 nighttime, and around the home, school, and community as 282 determined age appropriate by the blind or visually impaired 283 student's IEP or IFSP. 284 10. (1) As part of the state educational agency's 285 certification and renewal process, educato rs hired to teach 286 Braille shall be certified teachers of students with visual 287 impairments, hold a current and valid National Certification 288 in Unified English Braille (NCUEB) working under the 289 supervision of a reading specialist, or hold a nationally 290 recognized certification related to Braille instruction. 291 (2) As part of the state educational agency's 292 certification and renewal process, educators hired to teach 293 accessible assistive technology shall be certified teachers 294 81 CCS#2 HCS SS SCS SBs 681 & 662 of students with visual i mpairments, hold a valid and 295 current Certified Assistive Technology Instructional 296 Specialist for People with Visual Impairments (CATIS), or 297 hold a valid and current National Certification in Access 298 Technology for the Blind (NCATB) or other nationally 299 recognized certification related to assistive technology 300 instruction for individuals with visual impairments. 301 (3) As part of the state educational agency's 302 certification and renewal process, specialists hired to 303 teach orientation and mobility shal l hold a valid and 304 current National Orientation and Mobility Certification 305 (NOMC) or hold a current and valid Certified Orientation and 306 Mobility Specialist (COMS) certification or other nationally 307 recognized certification related to orientation and mob ility 308 instruction for individuals with visual impairments. 309 11. (1) LEAs shall deliver services to blind or 310 visually impaired students in a manner that at all times 311 abides by requirements of the federal Individuals with 312 Disabilities Education Act (IDEA), Title II of the Americans 313 with Disabilities Act, and the Rehabilitation Act of 1973, 314 as amended, including during declared local, state, or 315 national emergencies. 316 (2) LEAs shall seek and obtain proof of currently 317 available certified profe ssionals from any company, agency, 318 or individual the LEA intends to contract with for services 319 outlined in subsections 5 to 9 of this section. 320 (3) LEAs shall not impose any preclusions or 321 limitations on a student to receive instruction in 322 orientation and mobility services in and around the home, 323 school, or community setting including during daytime and 324 nighttime hours. 325 82 CCS#2 HCS SS SCS SBs 681 & 662 (4) LEAs may require annual written parental consent 326 to conduct effective instruction when such services are 327 provided before or after regular school hours or when such 328 services are provided away from the educational institution 329 or the blind or visually impaired student's residence. 330 (5) If an LEA prohibits an orientation and mobility 331 instructor from using the instru ctor's preferred mode of 332 transportation to transport blind or visually impaired 333 students to and from outside environments, the LEA shall 334 provide an equally effective transportation alternative for 335 that purpose without cost to the orientation and mobili ty 336 instructor. If the blind or visually impaired student's 337 family provides transportation for the student, the LEA 338 shall reimburse the expense. 339 12. (1) If an LEA requires an eye report, the LEA 340 shall bear all costs associated with obtaining suc h report. 341 LEAs shall not delay an evaluation for eligibility based on 342 the absence or delay of such report. 343 (2) All electronic and information technology 344 developed, procured, maintained, or used by LEAs shall be 345 compliant with the U.S. Access Boa rd's Section 508 346 standards, as amended. 347 (3) LEAs shall anticipate the need for nonvisual 348 accessibility and adopt policies and procedures to reduce or 349 eliminate common barriers experienced by blind or visually 350 impaired students, parents, educators , administrators, and 351 other staff. 352 13. Subsections 1 to 4 of this section shall apply in 353 all school years ending before July 1, 2022. Subsections 5 354 to 12 of this section shall apply in school year 2022 -23 and 355 all subsequent school years. 356 83 CCS#2 HCS SS SCS SBs 681 & 662 167.268. 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 pursuant 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 ide ntification 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 documented classroom 13 performance]. Each school district and charter school shall 14 provide all parents and guardians of students, including 15 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 re gular 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 screening [for and treatment] of 27 [auditory] dyslexia[, and information on the Lindamood 28 Auditory Conceptualization Test and the Auditory 29 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 84 CCS#2 HCS SS SCS SBs 681 & 662 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 an 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 s hall 41 provide intensive reading instruction to students as 42 provided in section 167.645 . 43 167.625. 1. This section shall be known and may be 1 cited as "Will's Law". 2 2. As used in this section, the following terms mean: 3 (1) "Individualized emergency health care plan", a 4 document developed by a school nurse, in consultation with a 5 student's parent and other appropriate medical 6 professionals, that is consistent with the recommendations 7 of the student's health care providers, that describes 8 procedural guidelines that provide specific directions about 9 what to do in a particular emergency situation, and that is 10 signed by the parent and the school nurse or the school 11 administrator or the administrator's designee in the absenc e 12 of the school nurse; 13 (2) "Individualized health care plan", a document 14 developed by a school nurse, in consultation with a 15 student's parent and other appropriate medical professionals 16 who may be providing epilepsy or seizure disorder care to 17 the student, that is consistent with the recommendations of 18 the student's health care providers, that describes the 19 health services needed by the student at school, and that is 20 signed by the parent and the school nurse or the school 21 85 CCS#2 HCS SS SCS SBs 681 & 662 administrator or the administrator's designee in the absence 22 of the school nurse; 23 (3) "Parent", a parent, guardian, or other person 24 having charge, control, or custody of a student; 25 (4) "School", any public elementary or secondary 26 school or charter school; 27 (5) "School employee", a person employed by a school; 28 (6) "Student", a student who has epilepsy or a seizure 29 disorder and who attends a school. 30 3. (1) The parent of a student who seeks epilepsy or 31 seizure disorder care while at school shall inform the 32 school nurse or the school administrator or the 33 administrator's designee in the absence of the school nurse. 34 The school nurse shall develop an individualized health 35 care plan and an individualized emergency health care plan 36 for the student. The parent of the student shall annually 37 provide to the school written authorization for the 38 provision of epilepsy or seizure disorder care as described 39 in the individualized plans. 40 (2) The individualized plans developed under 41 subdivision (1) of this subsection shall be updated by the 42 school nurse before the beginning of each school year and as 43 necessary if there is a change in the health status of the 44 student. 45 (3) Each individualized health care plan shall, and 46 each individualized e mergency health care plan may, include 47 but not be limited to the following information: 48 (a) A notice about the student's condition for all 49 school employees who interact with the student; 50 (b) Written orders from the student's physician or 51 advanced practice nurse describing the epilepsy or seizure 52 disorder care; 53 86 CCS#2 HCS SS SCS SBs 681 & 662 (c) The symptoms of the epilepsy or seizure disorder 54 for that particular student and recommended care; 55 (d) Whether the student may fully participate in 56 exercise and sports, and any contraindications to exercise 57 or accommodations that shall be made for that particular 58 student; 59 (e) Accommodations for school trips, after -school 60 activities, class parties, and other school -related 61 activities; 62 (f) Information for such school employees about how to 63 recognize and provide care for epilepsy and seizure 64 disorders, epilepsy and seizure disorder first aid training, 65 when to call for assistance, emergency contact information, 66 and parent contact information; 67 (g) Medical and treatment issues that may affect the 68 educational process of the student; 69 (h) The student's ability to manage, and the student's 70 level of understanding of, the student's epilepsy or seizure 71 disorder; and 72 (i) How to maintain communi cation with the student, 73 the student's parent and health care team, the school nurse 74 or the school administrator or the administrator's designee 75 in the absence of the school nurse, and the school employees. 76 4. (1) The school nurse assigned to a p articular 77 school or the school administrator or the administrator's 78 designee in the absence of the school nurse shall coordinate 79 the provision of epilepsy and seizure disorder care at that 80 school and ensure that all school employees are trained 81 every two years in the care of students with epilepsy and 82 seizure disorders including, but not limited to, school 83 employees working with school -sponsored programs outside of 84 87 CCS#2 HCS SS SCS SBs 681 & 662 the regular school day, as provided in the student's 85 individualized plans. 86 (2) The training required under subdivision (1) of 87 this subsection shall include an online or in -person course 88 of instruction approved by the department of health and 89 senior services that is provided by a reputable, local, 90 Missouri-based health care or no nprofit organization that 91 supports the welfare of individuals with epilepsy and 92 seizure disorders. 93 5. The school nurse or the school administrator or the 94 administrator's designee in the absence of the school nurse 95 shall obtain a release from a st udent's parent to authorize 96 the sharing of medical information between the student's 97 physician or advanced practice nurse and other health care 98 providers. The release shall also authorize the school 99 nurse or the school administrator or the administrat or's 100 designee in the absence of the school nurse to share medical 101 information with other school employees in the school 102 district as necessary. No sharing of information under this 103 subsection shall be construed to be a violation of the 104 federal Health Insurance Portability and Accountability Act 105 of 1996 (HIPAA) (Pub. L. 104 -191), as amended, if a 106 student's parent has provided a release under this 107 subsection. 108 6. No school employee including, but not limited to, a 109 school nurse, a school bus driv er, a school bus aide, or any 110 other officer or agent of a school shall be held liable for 111 any good faith act or omission consistent with the 112 provisions of this section, nor shall an action before the 113 state board of nursing lie against a school nurse fo r any 114 such action taken by a school employee trained in good faith 115 by the school nurse under this section. "Good faith" shall 116 88 CCS#2 HCS SS SCS SBs 681 & 662 not be construed to include willful misconduct, gross 117 negligence, or recklessness. 118 167.640. 1. School districts [may] shall adopt a 1 policy with regard to student promotion which may require 2 remediation as a condition of promotion to the next grade 3 level for any student identified by the district as failing 4 to master skills and competencies established fo r that 5 particular grade level by the district board of education. 6 School districts may also require parents or guardians 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 the school district outside of the regular school 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 remediation 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 89 CCS#2 HCS SS SCS SBs 681 & 662 167.645. 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 recogni zed 8 organizations and other recognized methods of determining a 9 student's reading accuracy, expression, fluency and 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 mult iple 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 of instruction to coordinate with its regular progr am of 22 summer school. 23 2. For purposes of this section, methods of reading 24 assessment shall be determined by each 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 servic es under an individualized education 32 90 CCS#2 HCS SS SCS SBs 681 & 662 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 determ ined to have 36 limited English proficiency or to students who have been 37 determined, prior to the beginning of any school 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 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 condit ion of promotion to fourth grade. 59 The department of elementary and secondary education may, 60 from funds appropriated for the purpose, reimburse school 61 districts for additional instructional personnel costs 62 incurred in the implementation and execution o f the thirty 63 hours of additional reading instruction minus the revenue 64 91 CCS#2 HCS SS SCS SBs 681 & 662 generated by the school district through the 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 th ird-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 b elow 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 necessary through the end 84 of the sixth grade, with the target grade level rising 85 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 this 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 92 CCS#2 HCS SS SCS SBs 681 & 662 7. Each school district shall be required to offer 97 summer school reading instruction to any student 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 accordanc e with district policy 110 that retention is in the best interests of the student. 111 10. The state board of education 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 request of any parent, patron, or media outlet within the 118 district, the number and pe rcentage 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 systemati c 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 93 CCS#2 HCS SS SCS SBs 681 & 662 district and charter school shall assess all students 129 enrolled in kindergarten 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 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 c harter 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 sc hool year, such 155 student shall be provided a reading success plan in the 156 event the student has been identified as having a 157 substantial reading deficiency based on the student's most 158 recent assessment or otherwise being identified through 159 94 CCS#2 HCS SS SCS SBs 681 & 662 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 following: 171 (1) That the child has been identified as having a 172 substantial deficiency in reading; 173 (2) A description of the services cur rently provided 174 to the child; 175 (3) A description of the proposed supplemental 176 instructional services and supports 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 as being at risk of dyslexia or those that have a 180 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 pro motion of parent-guided home 189 reading. 190 95 CCS#2 HCS SS SCS SBs 681 & 662 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 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 s tudent 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 96 CCS#2 HCS SS SCS SBs 681 & 662 (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 found 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 academic 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 substantial deficiency in reading under subsection 1 of this 245 section, with a plan that includes sugge stions 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 w ho is assessed as 251 exhibiting a substantial deficiency in reading. In addition 252 to the requirements otherwise provided, such instruction 253 shall also comply with all of the following criteria: 254 97 CCS#2 HCS SS SCS SBs 681 & 662 (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; an d 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 interventions and supports implemented by the school 277 district or charter school pursuant to this section as well 278 as the reading assessment data collected for grades 279 kindergarten through five. The department shall annu ally 280 prescribe the components of required or requested reports. 281 8. (1) Each school district and charter school shall 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 of this section and the prevalence of deficiencies 286 98 CCS#2 HCS SS SCS SBs 681 & 662 identified by classroom, elementary school, and other 287 student characteristics. As part of its comprehensive 288 school improvement plan or contract, each scho ol district or 289 charter school shall review chronic early elementary 290 absenteeism for its impact on literacy development. If more 291 than fifteen percent of an attendance center's students are 292 not at grade level in reading by the end of third grade, the 293 comprehensive school improvement plan or contract shall 294 include strategies to reduce that percentage, including 295 school and community strategies to raise the percentage of 296 students who are 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. 302 167.850. 1. As used in this section, the following 1 terms mean: 2 (1) "Board", the state board of education; 3 (2) "Commissioner", the commissioner of education; 4 (3) "Recovery high school", a public high school that 5 serves eligible students diagnosed with su bstance use 6 disorder or dependency as defined by the most recent 7 Diagnostic and Statistical Manual of Mental Disorders and 8 that provides both a comprehensive four -year high school 9 education in an alternative public school setting and a 10 structured plan of recovery; 11 (4) "Sending district", the school district where a 12 student attending or planning to attend the recovery high 13 school resides and from which the student is referred for 14 enrollment in a recovery high school. 15 99 CCS#2 HCS SS SCS SBs 681 & 662 2. (1) The commissioner may approve and authorize up 16 to four pilot recovery high schools, geographically located 17 in metropolitan areas throughout the state, to be 18 established by school districts or groups of school 19 districts for the purpose of demonstrating the effectiven ess 20 of the recovery high school model in this state. The 21 commissioner shall issue a request for proposals from school 22 districts to operate a pilot recovery high school. Such 23 proposals may be submitted by an individual school district 24 proposing to operate a recovery high school or by a group of 25 school districts proposing to jointly operate such a school. 26 Such proposals shall be submitted to the commissioner no 27 later than December first of the school year prior to the 28 school year in which the reco very high school is proposed to 29 begin operation. The approval of the board shall be 30 required for the recovery high school to begin operation. 31 (2) Proposals shall detail how the district or 32 districts will satisfy the criteria for a high school 33 education program under state law and board rule and how the 34 recovery high school will satisfy the requirements for 35 accreditation by the Association of Recovery Schools or 36 another recovery school accreditation organization 37 authorized by the board. The proposal shall include a 38 financial plan outlining the anticipated public and private 39 funding that will allow the recovery high school to operate 40 and meet the school's educational and recovery criteria. 41 The district or districts may partner with one or more local 42 nonprofit organizations or other local educational agencies 43 regarding establishment and operation of a recovery high 44 school and may establish a joint board to oversee the 45 operation of the recovery high school as provided in a 46 100 CCS#2 HCS SS SCS SBs 681 & 662 memorandum of understanding entered with such organization 47 or organizations. 48 (3) By approval of the proposal upon the 49 recommendation of the commissioner, the board shall be 50 deemed to have authorized all necessary equivalencies and 51 waivers of regulations enumer ated in the proposal. 52 (4) The commissioner may specify an authorization 53 period for the recovery high school, which shall be no less 54 than four years. Before July first of each year the 55 recovery high school is in operation, the school district or 56 group of school districts, in consultation with the recovery 57 high school, shall submit to the commissioner an analysis of 58 the recovery high school's educational, recovery, and other 59 related outcomes as specified in the proposal. The 60 commissioner shall review the analysis and renew any 61 recovery high school meeting the requirements of this 62 section and the requirements of the school's proposal and 63 may include terms and conditions to address areas needing 64 correction or improvement. The commissioner may revoke or 65 suspend the authorization of a recovery high school not 66 meeting the requirements of this section or the requirements 67 of the school's proposal. 68 (5) Pupil attendance, dropout rate, student 69 performance on statewide assessments, and other data 70 considered in the Missouri school improvement program and 71 school accreditation shall not be attributed to the general 72 accreditation of either a sending district or the district 73 or districts operating the recovery high school and may be 74 used by the commissioner only in the renewal process for the 75 recovery high school as provided in this subsection. 76 3. (1) A school district may enter into an agreement 77 with a district or districts operating a recovery high 78 101 CCS#2 HCS SS SCS SBs 681 & 662 school for the enrollment of an e ligible student who is 79 currently enrolled in or resides in the sending district. 80 (2) A parent or guardian may seek to enroll an 81 eligible student residing in a sending district in a 82 recovery high school created under this section. A student 83 over eighteen years of age residing in a sending district 84 may seek to enroll in a recovery high school. 85 (3) An eligible student shall mean a student who is in 86 recovery from substance use disorder or substance 87 dependency, or such a condition along with co-occurring 88 disorders such as anxiety, depression, and attention deficit 89 hyperactivity disorder, and who is determined by the 90 recovery high school to be a student who would academically 91 and clinically benefit from placement in the recovery high 92 school and is committed to working on the student's 93 recovery. The recovery high school shall consider available 94 information including, but not limited to, any 95 recommendation of a drug counselor, alcoholism counselor, or 96 substance abuse counselor licensed o r certified under 97 applicable laws and regulations. 98 (4) A recovery high school shall not limit or deny 99 admission to an eligible student based on race, ethnicity, 100 national origin, disability, income level, proficiency in 101 the English language, or at hletic ability. 102 4. (1) The recovery high school shall annually adopt 103 a policy establishing a tuition rate for its students no 104 later than February first of the preceding school year. 105 (2) The sending district of an eligible student who is 106 enrolled in and attending a recovery high school shall pay 107 tuition to the recovery high school equal to the lesser of: 108 (a) The tuition rate established under subdivision (1) 109 of this subsection; or 110 102 CCS#2 HCS SS SCS SBs 681 & 662 (b) The state adequacy target, as defined in sec tion 111 163.011, plus the average sum produced per child by the 112 local tax effort above the state adequacy target of the 113 sending district. 114 (3) If costs associated with the provision of special 115 education and related disability services to the student 116 exceed the tuition to be paid under subdivision (2) of this 117 subsection, the sending district shall remain responsible 118 for paying the excess cost to the recovery high school. 119 (4) The commissioner may enter into an agreement with 120 the appropriate official or agency of another state to 121 develop a reciprocity agreement for otherwise eligible, 122 nonresident students seeking to attend a recovery high 123 school in this state. A recovery high school may enroll 124 otherwise eligible students residing in a state other than 125 this state as provided in such reciprocity agreement. Such 126 reciprocity agreement shall require the out -of-state 127 student's district of residence to pay to the recovery high 128 school an annual amount equal to one hundred five percent of 129 the tuition rate for the recovery high school established 130 under this subsection. If an otherwise eligible student 131 resides in a state that is not subject to a reciprocity 132 agreement, such student may attend a recovery high school 133 provided such student pays t o the school one hundred five 134 percent of the tuition rate for the recovery high school 135 established under this subsection. No student enrolled and 136 attending a recovery high school under this subdivision 137 shall be included as a resident pupil for any sta te aid 138 purpose under chapter 163. 139 5. The board, in consultation with the department of 140 mental health, may promulgate rules to implement the 141 provisions of this section. Any rule or portion of a rule, 142 103 CCS#2 HCS SS SCS SBs 681 & 662 as that term is defined in section 536.010, th at is created 143 under the authority delegated in this section shall become 144 effective only if it complies with and is subject to all of 145 the provisions of chapter 536 and, if applicable, section 146 536.028. This section and chapter 536 are nonseverable, and 147 if any of the powers vested with the general assembly 148 pursuant to chapter 536 to review, to delay the effective 149 date, or to disapprove and annul a rule are subsequently 150 held unconstitutional, then the grant of rulemaking 151 authority and any rule propose d or adopted after August 28, 152 2022, shall be invalid and void. 153 168.021. 1. Certificates of license to teach in the 1 public schools of the state shall be granted as follows: 2 (1) By the state board, under rules and regulations 3 prescribed by it: 4 (a) Upon the basis of college credit; 5 (b) Upon the basis of examination; 6 (2) By the state board, under rules and regulations 7 prescribed by the state board with advice from the advisory 8 council established by section 168. 015 to any individual who 9 presents to the state board a valid doctoral degree from an 10 accredited institution of higher education accredited by a 11 regional accrediting association such as North Central 12 Association. Such certificate shall be limited to t he major 13 area of postgraduate study of the holder, shall be issued 14 only after successful completion of the examination required 15 for graduation pursuant to rules adopted by the state board 16 of education, and shall be restricted to those certificates 17 established pursuant to subdivision (2) of subsection 3 of 18 this section; 19 (3) By the state board, which shall issue the 20 professional certificate classification in both the general 21 104 CCS#2 HCS SS SCS SBs 681 & 662 and specialized areas most closely aligned with the current 22 areas of certification approved by the state board, 23 commensurate with the years of teaching experience of the 24 applicant, and based upon the following criteria: 25 (a) Recommendation of a state -approved baccalaureate - 26 level teacher preparation program; 27 (b) a. Successful attainment of the Missouri 28 qualifying score on the exit assessment for teachers or 29 administrators designated by the state board of education [.]; 30 b. (i) Applicants who have not successfully achieved 31 a qualifying score on the design ated examinations will be 32 issued a two-year nonrenewable provisional certificate ; 33 (ii) During the two-year nonrenewable provisional 34 certification, an individual teacher may gain full 35 professional certification by: 36 i. Achieving a qualifying s core on the designated 37 exam; or 38 ii. Successfully achieving an acceptable score on the 39 state-approved teacher evaluation system from seven walk - 40 through evaluations, two formative evaluations, and one 41 summative evaluation for each of the two probat ionary years 42 and being offered a third contract by the employing 43 district. For any applicant who has a change in job status 44 because of a reduction in the workforce or a change in life 45 circumstances, the scores required under this item may be 46 scores achieved in any school district during the two -year 47 nonrenewable provisional certification period; and 48 (iii) The employing school district shall recommend to 49 the department of elementary and secondary education that 50 the individual teacher be awarde d a full professional 51 certification by the state board under rules prescribed by 52 the state board; and 53 105 CCS#2 HCS SS SCS SBs 681 & 662 (c) Upon completion of a background check as 54 prescribed in section 168.133 and possession of a valid 55 teaching certificate in the state from whic h the applicant's 56 teacher preparation program was completed; 57 (4) By the state board, under rules prescribed by it, 58 on the basis of a relevant bachelor's degree, or higher 59 degree, and a passing score for the designated exit 60 examination, for indivi duals whose academic degree and 61 professional experience are suitable to provide a basis for 62 instruction solely in the subject matter of banking or 63 financial responsibility, at the discretion of the state 64 board. Such certificate shall be limited to the major area 65 of study of the holder and shall be restricted to those 66 certificates established under subdivision (2) of subsection 67 3 of this section. Holders of certificates granted under 68 this subdivision shall be exempt from the teacher tenure act 69 under sections 168.102 to 168.130 and each school district 70 shall have the decision -making authority on whether to hire 71 the holders of such certificates; 72 (5) By the state board, under rules and regulations 73 prescribed by it, on the basis of certificati on by the 74 American Board for Certification of Teacher Excellence 75 (ABCTE) and verification of ability to work with children as 76 demonstrated by sixty contact hours in any one of the 77 following areas as validated by the school principal: sixty 78 contact hours in the classroom, of which at least forty -five 79 must be teaching; sixty contact hours as a substitute 80 teacher, with at least thirty consecutive hours in the same 81 classroom; sixty contact hours of teaching in a private 82 school; or sixty contact hours of teaching as a 83 paraprofessional, for an initial four -year ABCTE certificate 84 of license to teach, except that such certificate shall not 85 106 CCS#2 HCS SS SCS SBs 681 & 662 be granted for the areas of early childhood education, or 86 special education. For certification in the area of 87 elementary education, ninety contact hours in the classroom 88 shall be required, of which at least thirty shall be in an 89 elementary classroom. Upon the completion of the following 90 requirements [listed in paragraphs (a), (b), (c), and (d) of 91 this subdivision], an applicant shall be eligible to apply 92 for a career continuous professional certificate under 93 subdivision (3) of subsection 3 of this section: 94 (a) Completion of thirty contact hours of professional 95 development within four years, which may in clude hours spent 96 in class in an appropriate college curriculum; 97 (b) Validated completion of two years of the mentoring 98 program of the American Board for Certification of Teacher 99 Excellence or a district mentoring program approved by the 100 state board of education; 101 (c) Attainment of a successful performance -based 102 teacher evaluation; and 103 (d) Participation in a beginning teacher assistance 104 program; or 105 (6) (a) By the state board, under rules and 106 regulations prescribed by [it] the board, which shall issue 107 an initial visiting scholars certificate at the discretion 108 of the board, based on the following criteria: 109 [(a)] a. Verification from the hiring school district 110 that the applicant will be employed as part of a business - 111 education partnership initiative designed to build career 112 pathways systems or employed as part of an initiative 113 designed to fill vacant positions in hard -to-staff public 114 schools or hard-to-fill subject areas for students in a 115 grade or grades not lower tha n the ninth grade for which the 116 107 CCS#2 HCS SS SCS SBs 681 & 662 applicant's academic degree or professional experience 117 qualifies [him or her] the applicant; 118 [(b)] b. Appropriate and relevant bachelor's degree or 119 higher, occupational license, or industry -recognized 120 credential; 121 [(c)] c. Completion of the application for a one -year 122 visiting scholars certificate; and 123 [(d)] d. Completion of a background check as 124 prescribed under section 168.133. 125 (b) The initial visiting scholars certificate shall 126 certify the holder of such certificate to teach for one 127 year. An applicant shall be eligible to renew an initial 128 visiting scholars certificate a maximum of two times, based 129 upon the completion of the requirements listed under 130 [paragraphs (a), (b), and (d) ] subparagraphs a., b., and d. 131 of paragraph (a) of this subdivision; completion of 132 professional development required by the school district and 133 school; and attainment of a satisfactory performance -based 134 teacher evaluation. 135 2. All valid teaching certificates issued pursuant to 136 law or state board policies and regulations prior to 137 September 1, 1988, shall be exempt from the professional 138 development requirements of this section and shall continue 139 in effect until they expire, are revoked or suspended, as 140 provided by law. When such certificates are required to be 141 renewed, the state board or its designee shall grant to each 142 holder of such a certificate the certificate most nearly 143 equivalent to the one so held. Anyone who holds, as of 144 August 28, 2003, a val id PC-I, PC-II, or continuous 145 professional certificate shall, upon expiration of [his or 146 her] such person's current certificate, be issued the 147 appropriate level of certificate based upon the 148 108 CCS#2 HCS SS SCS SBs 681 & 662 classification system established pursuant to subsection 3 149 of this section. 150 3. (1) Certificates of license to teach in the public 151 schools of the state shall be based upon minimum 152 requirements prescribed by the state board of education 153 which shall include completion of a background check as 154 prescribed in section 168.133. The state board shall 155 provide for the following levels of professional 156 certification: an initial professional certificate and a 157 career continuous professional certificate. 158 (2) The initial professional certificate shall be 159 issued upon completion of requirements established by the 160 state board of education and shall be valid based upon 161 verification of actual teaching within a specified time 162 period established by the state board of education. The 163 state board shall require holde rs of the four-year initial 164 professional certificate to: 165 (a) Participate in a mentoring program approved and 166 provided by the district for a minimum of two years; 167 (b) Complete thirty contact hours of professional 168 development, which may includ e hours spent in class in an 169 appropriate college curriculum, or for holders of a 170 certificate under subdivision (4) of subsection 1 of this 171 section, an amount of professional development in proportion 172 to the certificate holder's hours in the classroom, if the 173 certificate holder is employed less than full time; and 174 (c) Participate in a beginning teacher assistance 175 program. 176 (3) (a) The career continuous professional 177 certificate shall be issued upon verification of completion 178 of four years of teaching under the initial professional 179 certificate and upon verification of the completion of the 180 109 CCS#2 HCS SS SCS SBs 681 & 662 requirements articulated in paragraphs (a) [, (b), and] to 181 (c) of subdivision (2) of this subsection or paragraphs 182 (a)[, (b), (c), and] to (d) of subdivision (5) of subsection 183 1 of this section. 184 (b) The career continuous professional certificate 185 shall be continuous based upon verification of actual 186 employment in an educational position as provided for in 187 state board guidelines and completion of fifteen contact 188 hours of professional development per year which may include 189 hours spent in class in an appropriate college curriculum. 190 Should the possessor of a valid career continuous 191 professional certificate fail, in any given year, to meet 192 the fifteen-hour professional development requirement, the 193 possessor may, within two years, make up the missing hours. 194 In order to make up for missing hours, the possessor shall 195 first complete the fifteen -hour requirement for the current 196 year and then may count hours in excess of the current year 197 requirement as make-up hours. Should the possessor fail to 198 make up the missing hours within two years, the certificate 199 shall become inactive. In order to reactivate the 200 certificate, the possessor shall comple te twenty-four 201 contact hours of professional development which may include 202 hours spent in the classroom in an appropriate college 203 curriculum within the six months prior to or after 204 reactivating [his or her] the possessor's certificate. The 205 requirements of this paragraph shall be monitored and 206 verified by the local school district which employs the 207 holder of the career continuous professional certificate. 208 (c) A holder of a career continuous professional 209 certificate shall be exempt from the pro fessional 210 development contact hour requirements of paragraph (b) of 211 this subdivision if such teacher has a local professional 212 110 CCS#2 HCS SS SCS SBs 681 & 662 development plan in place within such teacher's school 213 district and meets two of the three following criteria: 214 a. Has ten years of teaching experience as defined by 215 the state board of education; 216 b. Possesses a master's degree; or 217 c. Obtains a rigorous national certification as 218 approved by the state board of education. 219 4. Policies and procedures shall be established by 220 which a teacher who was not retained due to a reduction in 221 force may retain the current level of certification. There 222 shall also be established policies and procedures allowing a 223 teacher who has not been employed in an educational posit ion 224 for three years or more to reactivate [his or her] the 225 teacher's last level of certification by completing twenty - 226 four contact hours of professional development which may 227 include hours spent in the classroom in an appropriate 228 college curriculum wi thin the six months prior to or after 229 reactivating [his or her] the teacher's certificate. 230 5. The state board shall, upon completion of a 231 background check as prescribed in section 168.133, issue a 232 professional certificate classification in the are as most 233 closely aligned with an applicant's current areas of 234 certification, commensurate with the years of teaching 235 experience of the applicant, to any person who is hired to 236 teach in a public school in this state and who possesses a 237 valid teaching certificate from another state or 238 certification under subdivision (4) of subsection 1 of this 239 section, provided that the certificate holder shall annually 240 complete the state board's requirements for such level of 241 certification, and shall establish polici es by which 242 residents of states other than the state of Missouri may be 243 assessed a fee for a certificate of license to teach in the 244 111 CCS#2 HCS SS SCS SBs 681 & 662 public schools of Missouri. Such fee shall be in an amount 245 sufficient to recover any or all costs associated with the 246 issuing of a certificate of license to teach. The board 247 shall promulgate rules to authorize the issuance of a 248 provisional certificate of license, which shall be valid for 249 three years and shall allow the holder to assume classroom 250 duties pending the co mpletion of a criminal background check 251 under section 168.133, for any applicant who: 252 (1) Is the spouse of a member of the Armed Forces 253 stationed in Missouri; 254 (2) Relocated from another state within one year of 255 the date of application; 256 (3) Underwent a criminal background check in order to 257 be issued a teaching certificate of license from another 258 state; and 259 (4) Otherwise qualifies under this section. 260 6. The state board may assess to holders of an initial 261 professional certificate a fee, to be deposited into the 262 excellence in education [revolving] fund established 263 pursuant to section 160.268, for the issuance of the career 264 continuous professional certificate. However, such fee 265 shall not exceed the combined costs of issuan ce and any 266 criminal background check required as a condition of 267 issuance. Applicants for the initial ABCTE certificate 268 shall be responsible for any fees associated with the 269 program leading to the issuance of the certificate, but 270 nothing in this secti on shall prohibit a district from 271 developing a policy that permits fee reimbursement. 272 7. Any member of the public school retirement system 273 of Missouri who entered covered employment with ten or more 274 years of educational experience in another state or states 275 and held a certificate issued by another state and 276 112 CCS#2 HCS SS SCS SBs 681 & 662 subsequently worked in a school district covered by the 277 public school retirement system of Missouri for ten or more 278 years who later became certificated in Missouri shall have 279 that certificate dated back to [his or her] the member's 280 original date of employment in a Missouri public school. 281 8. Within thirty days of receiving an application from 282 a spouse of an active duty member of the Armed Forces of the 283 United States who has been tran sferred or is scheduled to be 284 transferred to the state of Missouri, or who has been 285 transferred or is scheduled to be transferred to an adjacent 286 state and is or will be domiciled in the state of Missouri, 287 or has moved to the state of Missouri on a perm anent change- 288 of-station basis and has successfully completed the 289 background check described under subsection 5 of this 290 section and section 168.133, the state board shall issue to 291 such applicant a full certificate of license to teach, 292 provided that the applicant has paid all necessary fees and 293 has otherwise met all requirements to be issued such a 294 certificate. 295 168.036. 1. In addition to granting certificates of 1 license to teach in public schools of the state under 2 section 168.021, the state board of education shall grant 3 substitute teacher certificates as provided in this section 4 to any individual seeking to substitute teach in any public 5 school in this state. 6 2. (1) The state board shall not grant a certificate 7 of license to teach under this section to any individual who 8 has not completed a background check as required under 9 section 168.021. 10 (2) The state board may refuse to issue or renew, 11 suspend, or revoke any certificate sought or issued under 12 113 CCS#2 HCS SS SCS SBs 681 & 662 this section in the same manner and for the same reasons as 13 under section 168.071. 14 3. The state board may grant a certificate under this 15 section to any individual who has completed: 16 (1) At least thirty-six semester hours at an 17 accredited institution of higher education; or 18 (2) The twenty-hour online training program required 19 in this section and who possesses a high school diploma or 20 the equivalent thereof. 21 4. The department of elementary and secondary 22 education shall develop and maintain an online training 23 program for individuals, which shall consist of twenty hours 24 of training related to subjects appropriate for substitute 25 teachers as determined by the department. 26 5. The state board may grant a certificate under this 27 section to any highly qualified individual with expertise in 28 a technical or business field or with experience in the 29 Armed Forces of the United States who has completed the 30 background check required in this section but does not meet 31 any of the qualifications unde r subdivision (1) or (2) of 32 subsection 3 of this section if the superintendent of the 33 school district in which the individual seeks to substitute 34 teach sponsors such individual and the school board of the 35 school district in which the individual seeks t o substitute 36 teach votes to approve such individual to substitute teach. 37 6. (1) Notwithstanding any other provisions to 38 contrary, beginning on the effective date of this section 39 and ending on June 30, 2025, any person, who is retired and 40 currently receiving a retirement allowance under sections 41 169.010 to 169.141 or sections 169.600 to 169.715, other 42 than for disability, may be employed to substitute teach on 43 a part time or temporary substitute basis by an employer 44 114 CCS#2 HCS SS SCS SBs 681 & 662 included in the retirement system without a discontinuance 45 of the person's retirement allowance. Such a person shall 46 not contribute to the retirement system, or to the public 47 school retirement system established by sections 169.010 to 48 169.141 or to the public education employee retirement 49 system established by sections 169.600 to 169.715, because 50 of earnings during such period of employment. 51 (2) In addition to the conditions set forth in 52 subdivision 1 of this subsection, any person retired and 53 currently receiving a reti rement allowance under sections 54 169.010 to 169.141, other than for disability, who is 55 employed by a third party or is performing work as an 56 independent contractor may be employed to substitute teach 57 on a part-time or temporary substitute basis, if such person 58 is performing work for an employer included in the 59 retirement system without a discontinuance of the person's 60 retirement allowance. 61 (3) If a person is employed pursuant to this 62 subsection on a regular, full -time basis the person shall 63 not be entitled to receive the person's retirement allowance 64 for any month during which the person is so employed. The 65 retirement system may require the employer, the third -party 66 employer, the independent contractor, and the retiree 67 subject to this subsection to provide documentation showing 68 compliance with this subsection. If such documentation is 69 not provided, the retirement system may deem the retiree to 70 have exceeded the limitations provided in this subsection. 71 7. A certificate granted und er this section shall be 72 valid for four years. A certificate granted under this 73 section shall expire at the end of any calendar year in 74 which the individual fails to substitute teach for at least 75 five days or forty hours of in -seat instruction. 76 115 CCS#2 HCS SS SCS SBs 681 & 662 8. (1) An individual to whom the state board grants a 77 certificate under this section may be a substitute teacher 78 in a public school in the state if the school district 79 agrees to employ the individual as a substitute teacher and 80 such individual has com pleted a background check as required 81 in subsection 10 of this section. 82 (2) No individual to whom the state board grants a 83 certificate under this section and who is under twenty years 84 of age shall be a substitute teacher in grades nine to 85 twelve. 86 9. Each school district may develop an orientation for 87 individuals to whom the state board grants a certificate 88 under this section for such individuals employed by the 89 school district and may require such individuals to complete 90 such orientation. Such orientation shall contain at least 91 two hours of subjects appropriate for substitute teachers 92 and shall contain instruction on the school district's best 93 practices for classroom management. 94 10. Beginning January 1, 2023, any substitute teac her 95 may, at the time such substitute teacher submits the 96 fingerprints and information required for the background 97 check required under section 168.021, designate up to five 98 school districts to which such substitute teacher has 99 submitted an application for substitute teaching to receive 100 the results of the substitute teacher's criminal history 101 background check and fingerprint collection. The total 102 amount of any fees for disseminating such results to up to 103 five school districts under this subsection shall not exceed 104 fifty dollars. 105 11. The state board may exercise the board's authority 106 under chapter 161 to promulgate all necessary rules and 107 regulations necessary for the administration of this section. 108 116 CCS#2 HCS SS SCS SBs 681 & 662 168.037. 1. The department of elementary and 1 secondary education shall create and maintain a web -based 2 survey for collecting anonymous information from substitute 3 teachers in Missouri public schools. The survey will 4 collect anonymous, nonbiased, real -time data that school 5 districts, charter schools, and the state can access to 6 study and improve the effectiveness of substitute teachers 7 in supporting instruction and learning and to improve 8 circumstances that may cause a shortage of available 9 substitute teachers. 10 2. (1) Each substitute teacher in a public school 11 shall complete the survey described in subsection 1 of this 12 section at the end of each day of teaching. The district or 13 charter school in which the substitute teacher is teaching 14 for that day shall pro vide, by email, a web link to the 15 survey. If needed, the district or charter school shall 16 also provide brief access to a computer or other connected 17 device sufficient to allow the survey to be completed. The 18 survey can also be completed on -site by the substitute 19 teacher using a personal device. 20 (2) The survey described in subsection 1 of this 21 section shall include, at a minimum, questions regarding: 22 the age and level of education of the substitute teacher, 23 the date of teaching, the district and school, the grade or 24 grades taught, information about support and interaction 25 with school staff, any student health or safety issues 26 experienced, and rate of substitute teacher pay. 27 3. Districts and charter schools shall annually 28 provide information to the department of elementary and 29 secondary education regarding: use of third-party 30 employment agencies for substitute teachers, daily rate of 31 substitute teacher pay, employment of full -time and part- 32 117 CCS#2 HCS SS SCS SBs 681 & 662 time substitute teachers, substitute tea cher recruitment 33 efforts, the substitute teacher interview process, and use 34 of current school staff as substitute teachers during other 35 assigned time. 36 168.205. 1. Notwithstanding any provision of law to 1 the contrary, two or more sc hool districts may share a 2 superintendent who possesses a valid Missouri 3 superintendent's license. If any school districts choose to 4 share a superintendent, they shall not be required to 5 receive approval from the department of elementary and 6 secondary education but may notify the department. 7 2. (1) Beginning July 1, 2023, subject to 8 appropriation, a school district that enters into an 9 agreement with another school district to share a 10 superintendent shall receive additional state aid under th is 11 subsection. 12 (2) The department of elementary and secondary 13 education shall annually distribute thirty thousand dollars 14 to any school district that shares a superintendent under 15 this subsection. Any such amount distributed to a school 16 district shall be in addition to and shall not be included 17 in any calculation of state aid under chapter 163. 18 (3) To receive the additional thirty thousand dollars 19 under this subsection, the school district shall provide 20 proof to the department of elemen tary and secondary 21 education that the school district will use all of the 22 additional thirty thousand dollars received under this 23 subsection and at least half of the amount saved as a result 24 of participating in sharing a superintendent under this 25 subsection to compensate teachers or to provide counseling 26 services. 27 118 CCS#2 HCS SS SCS SBs 681 & 662 (4) No school district that receives additional 28 funding under this subsection shall receive such funding for 29 more than five years. 30 168.500. 1. For the purpose of providing career pay, 1 which shall be a salary supplement, for public school 2 teachers, which for the purpose of sections 168.500 to 3 168.515 shall include classroom teachers, librarians, school 4 counselors and certificated teachers who hold positions as 5 school psychological examiners, parents as teachers 6 educators, school psychologists, special education 7 diagnosticians and speech pathologists, and are on the 8 district salary schedule, there is hereby created and 9 established a career advancement program which shall be 10 known as the "Missouri Career Development and Teacher 11 Excellence Plan", hereinafter known as the "career plan or 12 program". Participation by local school districts in the 13 career advancement program established under this section 14 shall be voluntary. The career advancement program is a 15 matching fund program. The general assembly may make an 16 annual appropriation to the excellence in education fund 17 established under section 160.268 for the purpose of 18 providing the state's portion for the career advancement 19 program. The "Career Ladder Forward Funding Fund" is hereby 20 established in the state treasury. Beginning with fiscal 21 year 1998 and until the career ladder forward funding fund 22 is terminated pursuant to this subsection, the gene ral 23 assembly may appropriate funds to the career ladder forward 24 funding fund. Notwithstanding the provisions of section 25 33.080 to the contrary, moneys in the fund shall not be 26 transferred to the credit of the general revenue fund at the 27 end of the biennium. All interest or other gain received 28 from investment of moneys in the fund shall be credited to 29 119 CCS#2 HCS SS SCS SBs 681 & 662 the fund. All funds deposited in the fund shall be 30 maintained in the fund until such time as the balance in the 31 fund at the end of the fiscal year is equal to or greater 32 than the appropriation for the career ladder program for the 33 following year, at which time all such revenues shall be 34 used to fund, in advance, the career ladder program for such 35 following year and the career ladder forward fundi ng fund 36 shall thereafter be terminated. 37 2. The department of elementary and secondary 38 education, at the direction of the commissioner of 39 education, shall study and develop model career plans which 40 shall be made available to the local school distr icts. 41 These state model career plans shall: 42 (1) Contain three steps or stages of career 43 advancement; 44 (2) Contain a detailed procedure for the admission of 45 teachers to the career program; 46 (3) Contain specific criteria for career step 47 qualifications and attainment. These criteria shall clearly 48 describe the minimum number of professional responsibilities 49 required of the teacher at each stage of the plan and shall 50 include reference to classroom performance evaluations 51 performed pursuant to section 168.128 . The criteria may 52 include, but shall not be limited to, teacher externships as 53 provided in section 168.025 ; 54 (4) Be consistent with the teacher certification 55 process recommended by the Missouri advisory council of 56 certification for educators and adopted by the department of 57 elementary and secondary education; 58 (5) Provide that public school teachers in Missouri 59 shall become eligible to apply for admission to the career 60 plans adopted under sections 168.500 to 168.515 after [five] 61 120 CCS#2 HCS SS SCS SBs 681 & 662 two years of public school teaching in Missouri. All 62 teachers seeking admission to any career plan shall, as a 63 minimum, meet the requirements necessary to obtain the first 64 renewable professional certificate as provided in section 65 168.021; 66 (6) Provide procedures for appealing decisions made 67 under career plans established under sections 168.500 to 68 168.515. 69 3. School district career plans shall recognize 70 additional responsibilities and volunteer efforts by 71 teachers in formulating criteria for career ladder admission 72 and stage achievement. Such additional responsibilities and 73 volunteer efforts shall be required to occur outside of 74 compensated hours and may include, but shall not be limited 75 to: 76 (1) Serving as a coach, supervisor, or organizer for 77 any extracurricular activity for which the teacher does not 78 already receive additional compensation; 79 (2) Serving as a mentor for students, whether in a 80 formal or informal capacity; 81 (3) Receiving additional teach er training or 82 certification outside of that offered by the school district; 83 (4) Serving as a tutor or providing additional 84 learning opportunities to students; and 85 (5) Assisting students with postsecondary education 86 preparation including, bu t not limited to, teaching an ACT 87 or SAT preparation course or assisting students with 88 completing college or career school admission or financial 89 assistance applications. 90 4. The commissioner of education shall cause the 91 department of elementary a nd secondary education to 92 establish guidelines for all career plans established under 93 121 CCS#2 HCS SS SCS SBs 681 & 662 this section, and criteria that must be met by any school 94 district which seeks funding for its career plan. 95 [4.] 5. A participating local school district may hav e 96 the option of implementing a career plan developed by the 97 department of elementary and secondary education or a local 98 plan which has been developed with advice from teachers 99 employed by the district and which has met with the approval 100 of the department of elementary and secondary education. In 101 approving local career plans, the department of elementary 102 and secondary education may consider provisions in the plan 103 of the local district for recognition of teacher mobility 104 from one district to another within this state. 105 [5.] 6. The career plans of local school districts 106 shall not discriminate on the basis of race, sex, religion, 107 national origin, color, creed, or age. Participation in the 108 career plan of a local school district is optional, and any 109 teacher who declines to participate shall not be penalized 110 in any way. 111 [6.] 7. In order to receive funds under this section, 112 a school district which is not subject to section 162.920 113 must have a total levy for operating purposes which is in 114 excess of the amount allowed in Section 11(b) of Article X 115 of the Missouri Constitution; and a school district which is 116 subject to section 162.920 must have a total levy for 117 operating purposes which is equal to or in excess of twenty - 118 five cents on each hundred dollars of assessed valuation. 119 [7.] 8. The commissioner of education shall cause the 120 department of elementary and secondary education to regard a 121 speech pathologist who holds both a valid certificate of 122 license to teach and a certificate of clinical competence to 123 have fulfilled the standards required to be placed on stage 124 III of the career program, provided that such speech 125 122 CCS#2 HCS SS SCS SBs 681 & 662 pathologist has been employed by a public school in Missouri 126 for at least [five] two years and is approved for p lacement 127 at such stage III by the local school district. 128 [8.] 9. Beginning in fiscal year 2012, the state 129 portion of career ladder payments shall only be made 130 available to local school districts if the general assembly 131 makes an appropriation for such program. Payments 132 authorized under sections 168.500 to 168.515 shall only be 133 made available in a year for which a state appropriation is 134 made. Any state appropriation shall be made prospectively 135 in relation to the year in which work under the pr ogram is 136 performed. 137 [9.] 10. Nothing in this section shall be construed to 138 prohibit a local school district from funding the program 139 for its teachers for work performed in years for which no 140 state appropriation is made available. 141 168.515. 1. Each teacher selected to participate in a 1 career plan established under sections 168.500 to 168.515, 2 who meets the requirements of such plan, may receive a 3 salary supplement, the state's share of which shall be 4 distributed under sectio n 163.031, equal to the following 5 amounts applied to the career ladder entitlement of section 6 163.031: 7 (1) Career stage I teachers may receive up to an 8 additional one thousand five hundred dollars per school year; 9 (2) Career stage II teacher s may receive up to an 10 additional three thousand dollars per school year; 11 (3) Career stage III teachers may receive up to an 12 additional five thousand dollars per school year. All 13 teachers within each stage within the same school district 14 shall receive equal salary supplements. 15 123 CCS#2 HCS SS SCS SBs 681 & 662 2. The state may make payments pursuant to section 16 163.031 to the local school district for the purpose of 17 providing funding to the local school district for the 18 payment of any salary supplements provided for in th is 19 section, subject to the availability of funds as 20 appropriated each year and distributed on a matching basis 21 where the percentage of state funding shall be [forty] sixty 22 percent and the percentage of local funding shall be [sixty] 23 forty percent. 24 3. Not less than every fourth year, beginning with 25 calendar year 1988, the general assembly, through the joint 26 committee established under section 160.254, shall review 27 the amount of the career pay provided for in this section to 28 determine if any increases are necessary to reflect the 29 increases in the cost of living which have occurred since 30 the salary supplements were last reviewed or set. 31 4. To participate in the salary supplement program 32 established under this section, a school district m ay submit 33 to the voters of the district a proposition to increase 34 taxes for this purpose. If a school district's current tax 35 rate ceiling is at or above the rate from which an increase 36 would require a two-thirds majority, the school board may 37 submit to the voters of the district a proposition to reduce 38 or eliminate the amount of the levy reduction resulting from 39 section 164.013. If a majority of the voters voting thereon 40 vote in favor of the proposition, the board may certify that 41 seventy-five percent of the revenue generated from this 42 source shall be used to implement the salary supplement 43 program established under this section. 44 5. In no case shall a school district use state funds 45 received under this section nor local revenue generated from 46 a tax established under subsection 4 of this section to 47 124 CCS#2 HCS SS SCS SBs 681 & 662 comply with the minimum salary requirements for teachers 48 established pursuant to section 163.172. 49 170.014. 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 prov en 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 these areas. 13 2. [The program described in subsection 1 of this 14 section may include "explicit sy stematic 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 a ssociations. 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 through 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, implementation, 4 and impact on society. The term shall include, but not be 5 limited to, a stand-alone course at any elementary, middle, 6 or high school or a course at any elementary or middle 7 125 CCS#2 HCS SS SCS SBs 681 & 662 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, deve lop 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 ma thematics 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 computer 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 courses offered in any grade or grades not lower than the 38 ninth nor higher than the twelfth grade. 39 126 CCS#2 HCS SS SCS SBs 681 & 662 2. (1) The department of elementary and secondary 40 education shall convene a work group to develop and 41 recommend rigorous academic performance standa rds 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 not 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 development, 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 section 53 160.514 shall not apply to this section. 54 (2) The state board of education shall adopt a nd 55 implement academic performance standards relating to 56 computer science beginning in the 2019 -20 school year. 57 3. Before July 1, 2019, the department 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 schools that have declared themselves l ocal educational 70 agencies; 71 127 CCS#2 HCS SS SCS SBs 681 & 662 (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 el ementary 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 solely 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 the 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 prov iding teacher professional 98 development programs relating to computer science. An 99 eligible entity wishing to receive such a grant shall submit 100 an application to the department of elementary and secondary 101 education addressing how the entity plans to: 102 128 CCS#2 HCS SS SCS SBs 681 & 662 (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 sc hool year, 130 each school district shall submit to the department of 131 elementary and secondary education a report for the current 132 school year which shall include, but not be limited to: 133 129 CCS#2 HCS SS SCS SBs 681 & 662 (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, t he 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 (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: 164 130 CCS#2 HCS SS SCS SBs 681 & 662 (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 educatio n 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 department 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 ins titution of higher education 185 in this state. 186 8. The department of elementary and secondary 187 education shall promulgate rules to implement the provisions 188 of this section. Any rule or portion of a rule, as that 189 term is defined in section 536.010, th at 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 193 536.028. 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 196 131 CCS#2 HCS SS SCS SBs 681 & 662 date, or to disapprove and annul a rule are subsequently 197 held unconstitutional, then the grant of rulemaking 198 authority and any rule propose d 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 house of 7 representatives and one member to be appointed by the 8 minority leader of the house of repres entatives; 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 appointed 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; 17 (6) Nine members who represent the interests of each 18 of the following groups, to be appointed by the commis sioner 19 of 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 (e) A statewide associat ion representing computer 26 science teachers; 27 132 CCS#2 HCS SS SCS SBs 681 & 662 (f) A secondary teacher leader from career and 28 technical education representing computer science teachers; 29 (g) An association of school board members; 30 (h) An association of elementary school pr incipals; and 31 (i) An association of secondary school principals; 32 (7) A representative from a Missouri institution of 33 higher education, to be appointed by the commissioner of 34 higher education; and 35 (8) A representative from a Missouri pri vate, 36 nonprofit institution of higher education, to be appointed 37 by the commissioner of higher education. 38 3. The mission of the computer science education task 39 force shall be to develop a state strategic plan for 40 expanding a statewide computer sc ience education program, 41 including the following: 42 (1) A statement of purpose that describes the 43 objectives or goals the state board of education will 44 accomplish by implementing a computer science education 45 program, the strategies by which those g oals will be 46 achieved, and a timeline for achieving those goals; 47 (2) A summary of the current state landscape for K -12 48 computer science education, including demographic reporting 49 of students taking these courses; 50 (3) A plan for expanding com puter science education 51 opportunities to every school in the state within five years 52 and increasing the representation of students from 53 traditionally underserved groups, in computer science 54 including female students, students from historically 55 underrepresented racial and ethnic groups, students with 56 disabilities, English -language learner students, students 57 who qualify for free and reduced -price meals, and rural 58 students; 59 133 CCS#2 HCS SS SCS SBs 681 & 662 (4) Within one year of the task force forming, a plan 60 for schools serving any student in grades kindergarten 61 through eighth grade to provide instruction in the basics of 62 computer science and computation thinking in an integrated 63 or standalone format beginning in the 2024 -25 school year 64 without creating learning loss in t he existing curriculum; 65 (5) A plan for ensuring teachers are well -prepared to 66 begin teaching computer science, including defining high 67 quality professional learning for in -service teachers and 68 strategies for pre-service teacher preparation; 69 (6) A plan for ensuring teachers are well -prepared to 70 begin teaching computer science, including defining high - 71 quality professional learning for in -service teachers and 72 strategies for pre-service teacher preparation; 73 (7) An ongoing evaluation pro cess that is overseen by 74 the state board of education; 75 (8) Proposed rules that incorporate the principles of 76 the master plan into the state's public education system as 77 a whole; and 78 (9) A plan to ensure long -term sustainability for 79 computer science education. 80 4. The speaker of the house of representatives shall 81 designate the chair of the task force, and the president pro 82 tempore of the senate shall designate the vice chair of the 83 task force. 84 5. Members of the task force shall serve without 85 compensation, but the members and any staff assigned to the 86 task force shall receive reimbursement for actual and 87 necessary expenses incurred in attending meetings of the 88 task force or any subcommittee thereof. All task force 89 members shall be subject to the same conflict of interest 90 provisions in chapter 105 that are enforced by the Missouri 91 134 CCS#2 HCS SS SCS SBs 681 & 662 ethics commission in the same manner that elected or 92 appointed officials and employees are subject to such 93 provisions. 94 6. The task force shall hold its first meeting within 95 three months from the effective date of this section. 96 7. Before June 30, 2023, the task force shall present 97 a summary of its activities and any recommendations for 98 legislation to the general assembly. 99 8. The computer science education task force shall 100 dissolve on June 30, 2024. 101 170.047. 1. This section shall be known and may be 1 cited as the "Jason Flatt/Avery Reine Cantor Act". 2 2. (1) Beginning in the 2017 -18 school year and 3 continuing until the end of the 2022 -23 school year, any 4 licensed educator may annually complete up to two hours of 5 training or professional development in youth suicide 6 awareness and prevention as part of the professional 7 development hours required for state board of education 8 certification. 9 (2) Beginning in the 2023 -24 school year and 10 continuing in subsequent school years, the practicing 11 teacher assistance programs established under section 12 168.400 may offer and include at least two hours of i n- 13 service training provided by each local school district for 14 all practicing teachers in such district regarding suicide 15 prevention. Each school year, all teachers, principals, and 16 licensed educators in each district may attend such training 17 or complete training on suicide prevention through self - 18 review of suicide prevention materials. Attendance at the 19 training shall count as two contact hours of professional 20 development under section 168.021 and shall count as two 21 hours of any other such traini ng required under this section. 22 135 CCS#2 HCS SS SCS SBs 681 & 662 [2.] 3. The department of elementary and secondary 23 education shall develop guidelines suitable for training or 24 professional development in youth suicide awareness and 25 prevention. The department [shall] may develop materials 26 that may be used for [such] the training [or professional 27 development] described under subsection 2 of this section or 28 may offer districts materials developed by a third party 29 that districts may use for the training . 30 [3.] 4. For purposes of this section, the term 31 "licensed educator" shall refer to any teacher with a 32 certificate of license to teach issued by the state board of 33 education or any other educator or administrator required to 34 maintain a professional license issued by the st ate board of 35 education. 36 [4.] 5. The department of elementary and secondary 37 education may promulgate rules and regulations to implement 38 this section. 39 [5.] 6. Any rule or portion of a rule, as that term is 40 defined in section 536.010, that is created under the 41 authority delegated in this section shall become effective 42 only if it complies with and is subject to all of the 43 provisions of chapter 536 and, if applicable, section 44 536.028. This section and chapter 536 are nonseverable and 45 if any of the powers vested with the general assembly 46 pursuant to chapter 536 to review, to delay the effective 47 date, or to disapprove and annul a rule are subsequently 48 held unconstitutional, then the grant of rulemaking 49 authority and any rule proposed or ad opted after August 28, 50 2016, shall be invalid and void. 51 170.048. 1. By July 1, 2018, each district shall 1 adopt a policy for youth suicide awareness and prevention, 2 136 CCS#2 HCS SS SCS SBs 681 & 662 including plans for how the district will provide for the 3 training and education of its district employees. 4 2. Each district's policy shall address and include, 5 but not be limited to, the following: 6 (1) Strategies that can help identify students who are 7 at possible risk of suicide; 8 (2) Strategies and protocols for helping students at 9 possible risk of suicide; and 10 (3) Protocols for responding to a suicide death. 11 3. By July 1, 2017, the department of elementary and 12 secondary education shall develop a model policy that 13 districts may adopt. When developing the model policy, the 14 department shall cooperate, consult with, and seek input 15 from organizations that have expertise in youth suicide 16 awareness and prevention. By July 1, 2021, and at least 17 every three years thereafter, the department shall request 18 information and seek feedback from districts on their 19 experience with the policy for youth suicide awareness and 20 prevention. The department shall review this information 21 and may use it to adapt the department's model policy. The 22 department shall post any information on its website that it 23 has received from districts that it deems relevant. The 24 department shall not post any confidential information or 25 any information that personally identifies any student or 26 school employee. 27 4. (1) Beginning July 1, 2023, a public school or 28 charter school that serves any pupils in grades seven to 29 twelve and that issues pupil identification cards shall have 30 printed on either side of the cards the three -digit dialing 31 code that directs calls and routes text messages to the 32 Suicide and Crisis Lifeline, 988. 33 137 CCS#2 HCS SS SCS SBs 681 & 662 (2) If, on July 1, 2023, a public school or charter 34 school subject to the requirements of this subsection has a 35 supply of unissued pupil identification cards that do not 36 comply with the requirements of subdivision (1) of this 37 subsection, the school shall issue those cards until that 38 supply is depleted. 39 (3) Subdivision (1) of this subsection shall apply to 40 a pupil identification card issued for the first time to a 41 pupil and to a card issued to replace a damaged or lost card. 42 170.307. 1. For school year 2022 -23 and each school 1 year thereafter, upon graduation from high school, pupils in 2 public schools and charter schools shall have received 3 mental health awareness training given any time during a 4 pupil's four years of high school. 5 2. Beginning in school year 2022 -23, any public school 6 or charter school serving grades nine through twelve shall 7 provide enrolled students instruction in mental hea lth 8 awareness. Students with disabilities may participate to 9 the extent appropriate as determined by the provisions of 10 the Individuals with Disabilities Education Act or Section 11 504 of the Rehabilitation Act. Instruction shall be 12 included in the district's existing health or physical 13 education curriculum. Instruction shall be based on a 14 program established by the department of elementary and 15 secondary education. 16 3. The department of elementary and secondary 17 education shall promulgate rules to develop a model 18 curriculum to be used by school districts to provide the 19 instruction required by this section. Any rule or portion 20 of a rule, as that term is defined in section 536.010, that 21 is created under the authority delegated in this section 22 shall become effective only if it complies with and is 23 138 CCS#2 HCS SS SCS SBs 681 & 662 subject to all of the provisions of chapter 536 and, if 24 applicable, section 536.028. This section and chapter 536 25 are nonseverable and if any of the powers vested with the 26 general assembly pursu ant to chapter 536 to review, to delay 27 the effective date, or to disapprove and annul a rule are 28 subsequently held unconstitutional, then the grant of 29 rulemaking authority and any rule proposed or adopted after 30 August 28, 2022, shall be invalid and voi d. 31 171.033. 1. "Inclement weather", for purposes of this 1 section, shall be defined as ice, snow, extreme cold, 2 excessive heat, flooding, or a tornado. 3 2. (1) A district shall be required to make up the 4 first six days of schoo l lost or cancelled due to inclement 5 weather and half the number of days lost or cancelled in 6 excess of six days if the makeup of the days is necessary to 7 ensure that the district's students will attend a minimum of 8 one hundred forty-two days and a minimum of one thousand 9 forty-four hours for the school year except as otherwise 10 provided in this section. Schools with a four-day school 11 week may schedule such make -up days on Fridays. 12 (2) Notwithstanding subdivision (1) of this 13 subsection, in school year 2019-20 and subsequent years, a 14 district shall be required to make up the first thirty -six 15 hours of school lost or cancelled due to inclement weather 16 and half the number of hours lost or cancelled in excess of 17 thirty-six if the makeup of the h ours is necessary to ensure 18 that the district's students attend a minimum of one 19 thousand forty-four hours for the school year, except as 20 otherwise provided under subsections 3 and 4 of this section. 21 3. (1) In the 2009-10 school year and subseque nt 22 years, a school district may be exempt from the requirement 23 to make up days of school lost or cancelled due to inclement 24 139 CCS#2 HCS SS SCS SBs 681 & 662 weather in the school district when the school district has 25 made up the six days required under subsection 2 of this 26 section and half the number of additional lost or cancelled 27 days up to eight days, resulting in no more than ten total 28 make-up days required by this section. 29 (2) In school year 2019-20 and subsequent years, a 30 school district may be exempt from the requireme nt to make 31 up school lost or cancelled due to inclement weather in the 32 school district when the school district has made up the 33 thirty-six hours required under subsection 2 of this section 34 and half the number of additional lost or cancelled hours up 35 to forty-eight, resulting in no more than sixty total make - 36 up hours required by this section. 37 4. The commissioner of education may provide, for any 38 school district that cannot meet the minimum school calendar 39 requirement of at least one hundred sev enty-four days for 40 schools with a five-day school week or one hundred forty -two 41 days for schools with a four -day school week and one 42 thousand forty-four hours of actual pupil attendance or, in 43 school year 2019-20 and subsequent years, one thousand fort y- 44 four hours of actual pupil attendance, upon request, a 45 waiver to be excused from such requirement. This waiver 46 shall be requested from the commissioner of education and 47 may be granted if the school was closed due to circumstances 48 beyond school district control, including inclement weather 49 or fire. 50 5. (1) Except as otherwise provided in this 51 subsection, in school year 2020 -21 and subsequent years, a 52 district shall not be required to make up any hours of 53 school lost or cancelled due to exce ptional or emergency 54 circumstances during a school year if the district has an 55 alternative methods of instruction plan approved by the 56 140 CCS#2 HCS SS SCS SBs 681 & 662 department of elementary and secondary education for such 57 school year. Exceptional or emergency circumstances shall 58 include, but not be limited to, inclement weather, a utility 59 outage, or an outbreak of a contagious disease. The 60 department of elementary and secondary education shall not 61 approve any such plan unless the district demonstrates that 62 the plan will not negatively impact teaching and learning in 63 the district. 64 (2) If school is closed due to exceptional or 65 emergency circumstances and the district has an approved 66 alternative methods of instruction plan, the district shall 67 notify students and parent s on each day of the closure 68 whether the alternative methods of instruction plan is to be 69 implemented for that day. If the plan is to be implemented 70 on any day of the closure, the district shall ensure that 71 each student receives assignments for that d ay in hard copy 72 form or receives instruction through virtual learning or 73 another method of instruction. 74 (3) A district with an approved alternative methods of 75 instruction plan shall not use alternative methods of 76 instruction as provided for in th e plan for more than thirty - 77 six hours during a school year. A district that has used 78 such alternative methods of instruction for thirty -six hours 79 during a school year shall be required, notwithstanding 80 subsections 2 and 3 of this section, to make up a ny 81 subsequent hours of school lost or cancelled due to 82 exceptional or emergency circumstances during such school 83 year. 84 (4) The department of elementary and secondary 85 education shall give districts with approved alternative 86 methods of instruction plans credit for the hours in which 87 141 CCS#2 HCS SS SCS SBs 681 & 662 they use alternative methods of instruction by considering 88 such hours as hours in which school was actually in session. 89 (5) Any district wishing to use alternative methods of 90 instruction under this subsection s hall submit an 91 application to the department of elementary and secondary 92 education. The application shall describe: 93 (a) The manner in which the district intends to 94 strengthen and reinforce instructional content while 95 supporting student learning outside the classroom 96 environment; 97 (b) The process the district intends to use to 98 communicate to students and parents the decision to 99 implement alternative methods of instruction on any day of a 100 closure; 101 (c) The manner in which the district intends to 102 communicate the purpose and expectations for a day in which 103 alternative methods of instruction will be implemented to 104 students and parents; 105 (d) The assignments and materials to be used within 106 the district for days in which alternative methods of 107 instruction will be implemented to effectively facilitate 108 teaching and support learning for the benefit of the 109 students; 110 (e) The manner in which student attendance will be 111 determined for a day in which alternative methods of 112 instruction will be implemented. The method chosen shall be 113 linked to completion of lessons and activities; 114 (f) The instructional methods, which shall include 115 instruction through electronic means and instruction through 116 other means for students who have no access to internet 117 services or a computer; 118 142 CCS#2 HCS SS SCS SBs 681 & 662 (g) Instructional plans for students with 119 individualized education programs; and 120 (h) The role and responsibility of certified personnel 121 to be available to communicate with students. 122 6. [For the 2018-19 school year, a district shall be 123 exempt from the requirements of subsections 2 and 3 of this 124 section, and only be required to make up the first six days 125 of school lost or cancelled due to inclement weather ] In the 126 2022-23 school year and s ubsequent years, a school 127 district's one-half-day education programs shall be subject 128 to the following provisions in proportions appropriate for a 129 one-half-day education program, as applicable: 130 (1) Requirements in subsection 2 of this section to 131 make up days or hours of school lost or cancelled because of 132 inclement weather; 133 (2) Exemptions in subsection 3 of this section; 134 (3) Waiver provisions in subsection 4 of this section; 135 and 136 (4) Approved alternative methods of instruction 137 provisions in subsection 5 of this section . 138 173.831. 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 12 143 CCS#2 HCS SS SCS SBs 681 & 662 Association of Colleges and Schools, the Western Association 13 of Schools and Colleges, and the Ac crediting 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", includes, but 18 is not limited to, so urcing, 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 provider", 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 to 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 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 a fter 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 o ccupational 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 interviews; 41 (8) "Coaching", proactive communication between the 42 approved program provider and the student related to the 43 144 CCS#2 HCS SS SCS SBs 681 & 662 student's pace and progress through the student's learning 44 plan; 45 (9) "Cohort", students who enter the program between 46 July first and June thirtieth 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 assessment, 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 graduates 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 (14) "Graduation requirements", course and credit 61 requirements for the approved program provider'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 co mpetence 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; 74 145 CCS#2 HCS SS SCS SBs 681 & 662 (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 qualifications", 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 (22) "Stackable credential", a third party credential 92 that is part of a sequence of credentials 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 resident 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 105 146 CCS#2 HCS SS SCS SBs 681 & 662 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 Diploma 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 (2) Each approved program provi der 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 as sessments 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 career 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; 137 147 CCS#2 HCS SS SCS SBs 681 & 662 (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 servic es, 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 has not been removed from the approved program provider list 155 under this section. 156 5. All approved program providers shall comply with 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; 169 148 CCS#2 HCS SS SCS SBs 681 & 662 (b) Attainment of an employability skills 170 certification; 171 (c) Attainment of an industry -recognized credential, 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 receive 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 limited to, textbook fees, tuiti on 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 subsection 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. 200 149 CCS#2 HCS SS SCS SBs 681 & 662 (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 (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 sixteen th 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 program 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. 230 150 CCS#2 HCS SS SCS SBs 681 & 662 (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 p er cohort of seven 249 thousand dollars or less. 250 (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 o f 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 progr am 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, 262 151 CCS#2 HCS SS SCS SBs 681 & 662 religion, national origin, ancestry, sex, sexuality, gender, 263 or age. 264 (2) If an approved program prov ider 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 in the state treasur y 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 (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 director of the department may promulgate all 286 necessary rules and regulations for the administration of 287 this section. Any rule or portion of a rule, as that term 288 is defined in section 536.010, that is created under the 289 authority delegated in this section shall become effective 290 only if it complies with and is subject to all of the 291 provisions of chapter 536 and, if applicable, section 292 536.028. This section and chapter 536 are no nseverable, and 293 if any of the powers vested with the general assembly 294 152 CCS#2 HCS SS SCS SBs 681 & 662 pursuant to chapter 536 to review, to delay the effective 295 date, or to disapprove and annul a rule are subsequently 296 held unconstitutional, then the grant of rulemaking 297 authority and any rule proposed or adopted after August 28, 298 2022, shall be invalid and void. 299 14. Under section 23.253 of the Missouri sunset act: 300 (1) The provisions of the new program authorized under 301 this section shall automatically sunset six years after the 302 effective date of this section unless reauthorized by an act 303 of the general assembly; and 304 (2) If such program is reauthorized, the program 305 authorized under this section shall automatically sunset 306 twelve years after the effective date of the reauthorization 307 of this section; and 308 (3) This section shall terminate on September first of 309 the calendar year immediately following the calendar year in 310 which the program authorized under this section is sunset. 311 173.1352. 1. As used in this section, the following 1 terms mean: 2 (1) "Advanced placement examination", any examination 3 administered through the College Board's Advanced Placement 4 Program (AP); 5 (2) "Institution", any in -state public community 6 college, college, or university that offers postsecondary 7 freshman-level courses. 8 2. (1) Each institution shall adopt and implement a 9 policy to grant undergraduate course credit to entering 10 freshman students for each advanced placement examination 11 upon which such student achieves a score of three or higher 12 for any similarly correlated course offered by the 13 institution at the time of such student's acceptance into 14 the institution. 15 153 CCS#2 HCS SS SCS SBs 681 & 662 (2) In the policy, the institution shall: 16 (a) Establish the institution's conditions for 17 granting course credit; and 18 (b) Identify the specific course credit or other 19 academic requirements of the institution, including the 20 number of semester credit hours or other course credit, that 21 the institution will grant t o a student who achieves 22 required scores on advanced placement examinations. 23 3. On request of an applicant for admission as an 24 entering freshman, and based on information provided by the 25 applicant, an institution shall determine and notify the 26 applicant regarding: 27 (1) The amount and type of any course credit that 28 would be granted to the applicant under the policy; and 29 (2) Any other academic requirement that the applicant 30 would satisfy under the policy. 31 178.694. 1. As used in this section, the following 1 terms mean: 2 (1) "Affiliate", the Dolly Parton's imagination 3 library affiliate created under this section; 4 (2) "Department", the department of elementary and 5 secondary education; 6 (3) "Eligible child", any child under five years of 7 age who resides in this state; 8 (4) "Program", the imagination library of Missouri 9 program established in this section; 10 (5) "Reading selection", a high -quality, age- 11 appropriate book provided to an eligible child under the 12 program established in this section. 13 2. There is hereby established in the department's 14 office of childhood the "Imagination Library of Missouri 15 Program", which shall be a statewide program for encouraging 16 154 CCS#2 HCS SS SCS SBs 681 & 662 preschool children to re ad by providing monthly reading 17 selections to the homes of children from birth to five years 18 of age. 19 3. The office of childhood shall establish a nonprofit 20 entity to work in conjunction with school districts in 21 mailing monthly reading selections directly to the homes of 22 eligible children. The entity shall be known as the "Dolly 23 Parton's Imagination Library Affiliate" and shall be the 24 statewide affiliate that works in conjunction with Dolly 25 Parton's Imagination Library and school districts to provide 26 reading selections under this section. 27 4. Beginning in school year 2023 -24 and continuing in 28 each subsequent school year, each school district shall, in 29 partnership with the affiliate, give one reading selection 30 to each eligible child in the school district in each month, 31 beginning as early as the child's birth month through the 32 month in which the child reaches five years of age. Subject 33 to appropriation, the costs of giving such reading 34 selections to eligible children shall be reimbu rsed to each 35 school district from the imagination library of Missouri 36 fund created in this section. 37 5. The department shall promulgate rules to: 38 (1) Manage the daily operations of the program; 39 (2) Coordinate with organizations and publi c schools 40 of this state to advance and strengthen the program and 41 promote enrollment growth; 42 (3) Develop, promote, and coordinate a public 43 awareness program to make donors aware of the opportunity to 44 donate to the imagination library of Missouri fund; 45 (4) Develop, promote, and coordinate a public 46 awareness program to make the public aware of the 47 155 CCS#2 HCS SS SCS SBs 681 & 662 opportunity to register children to receive age -appropriate 48 books on a monthly basis; and 49 (5) Allow the department to implement and adminis ter 50 the provisions of this section. 51 6. (1) There is hereby created in the state treasury 52 the "Imagination Library of Missouri Program Fund", which 53 shall consist of any gifts, bequests, grants, public or 54 private donations, transfers, or moneys ap propriated under 55 this section. The state treasurer shall be custodian of the 56 fund. In accordance with sections 30.170 and 30.180, the 57 state treasurer may approve disbursements. The fund shall 58 be a dedicated fund and, upon appropriation, moneys in th is 59 fund shall be used solely as provided in this section. 60 (2) Notwithstanding the provisions of section 33.080 61 to the contrary, any moneys remaining in the fund at the end 62 of the biennium shall not revert to the credit of the 63 general revenue fund . 64 (3) The state treasurer shall invest moneys in the 65 fund in the same manner as other funds are invested. Any 66 interest and moneys earned on such investments shall be 67 credited to the fund. 68 7. The general assembly shall appropriate at least t wo 69 and a half million dollars annually to the imagination 70 library of Missouri program fund. In the department's 71 budget requests for school year 2023 -24 and all subsequent 72 school years, the department shall include a plan to 73 distribute sufficient mone ys to school districts to allow 74 each school district to give reading selections to all 75 eligible children within the school district under this 76 section. 77 8. To comply with this section, a school district may, 78 in coordination with the department's o ffice of childhood, 79 156 CCS#2 HCS SS SCS SBs 681 & 662 enter into an agreement, partnership, or similar arrangement 80 with an adjacent school district. If the school district 81 finds that no adjacent school district gives reading 82 selections to eligible children as provided in this section, 83 the school district may request the department's office of 84 childhood and the affiliate to assist the school district in 85 complying with this section. 86 9. Under section 23.253 of the Missouri sunset act: 87 (1) The provisions of the new program a uthorized under 88 this section shall automatically sunset on December thirty - 89 first four years after the effective date of this section 90 unless reauthorized by an act of the general assembly; and 91 (2) If such program is reauthorized, the program 92 authorized under this section shall automatically sunset on 93 December thirty-first eight years after the effective date 94 of the reauthorization of this section; and 95 (3) This section shall terminate on September first of 96 the calendar year immediately foll owing the calendar year in 97 which the program authorized under this section is sunset. 98 186.080. 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 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; 12 157 CCS#2 HCS SS SCS SBs 681 & 662 (7) At least two parents of elementary and secondary 13 school-age pupils who have struggled with lit eracy 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 dyslexia advocacy group; 20 (10) Faculty members of institutions of higher 21 education with approved teacher preparation programs; 22 (11) Professionals with expertise in reading 23 instruction, reading interventions, and how students learn 24 to read including one certified academic language therapist; 25 and 26 (12) Professionals with expertise in educational 27 assessment data analysis. 28 2. The council shall meet at least twice per year to 29 review best practices in literacy instruction and related 30 policy provisions. The department shall provide necessary 31 staff and resources for the work of the advisory council. 32 3. The council shall periodically provide 33 recommendations to the commissioner and the state board of 34 education regarding any identif ied improvements to literacy 35 instruction and policy for students. The recommendations 36 may include recommendations for changes to state law, and 37 the commissioner shall furnish any such recommendations to 38 the joint committee on education. 39 4. The council recommendations shall: 40 (1) Advise the department of elementary and secondary 41 education on how to implement and maintain the statewide 42 literacy plan required under section 161.241 and advise the 43 department, school districts, and charter scho ols on ways to 44 158 CCS#2 HCS SS SCS SBs 681 & 662 inform and engage parents and other community members about 45 the literacy plan; 46 (2) Provide advice as to what services the department 47 should provide to school districts and charter schools to 48 support implementation of the plan and o n staffing levels 49 and resources needed at the department to support the 50 statewide effort to improve literacy; 51 (3) Provide advice regarding the statewide plan for 52 collecting literacy-related data that informs: 53 (a) Literacy instructional pract ices; 54 (b) Teacher professional development in the field of 55 literacy; 56 (c) What proficiencies and skills should be measured 57 through literacy assessments and how those assessments are 58 incorporated into local assessment plans; and 59 (d) How to identify school progress in achieving 60 literacy outcomes, including closing literacy gaps for 61 students from historically underserved populations; 62 (4) Recommend best practices for tiered literacy 63 instruction within a multi -tiered system of suppor ts to best 64 improve and sustain literacy proficiency; 65 (5) Review literacy assessments and outcomes and 66 provide ongoing advice as to how to continuously improve 67 those outcomes and sustain improvement; and 68 (6) Provide a means for members of the public to 69 provide input and ask questions concerning literacy issues. 70 302.010. Except where otherwise provided, when used in 1 this chapter, the following words and phrases mean: 2 (1) "Circuit court", each circuit court in the sta te; 3 (2) "Commercial motor vehicle", a motor vehicle 4 designed or regularly used for carrying freight and 5 merchandise, or more than fifteen passengers; 6 159 CCS#2 HCS SS SCS SBs 681 & 662 (3) "Conviction", any final conviction; also a 7 forfeiture of bail or collateral deposited t o 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 repositor y 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 authorized officers and 28 agents; 29 (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 38 160 CCS#2 HCS SS SCS SBs 681 & 662 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 operate a motor vehicle; 43 (10) "Motor vehicle", any self -propelled vehicle not 44 operated exclusively upon tracks except motorized bicyc les, 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 a re defined in 50 section 301.010; 51 (12) "Motortricycle", a motor vehicle operated on 52 three wheels, including a motorcycle operated with any 53 conveyance, temporary or otherwise, requiring the use of a 54 third wheel, but excluding an electric bicycle as d efined in 55 section 301.010; 56 (13) "Moving violation", that character of traffic 57 violation where at the time of violation 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 m otor vehicle 60 registration license, or violations of sections 304.170 to 61 304.240, inclusive, relating to sizes and weights 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; 70 161 CCS#2 HCS SS SCS SBs 681 & 662 (17) "Owner", a person who holds the l egal title of a 71 vehicle or in the event a vehicle is the subject of an 72 agreement for the conditional sale or lease thereof 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 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 102 162 CCS#2 HCS SS SCS SBs 681 & 662 driver or a dependent family member, attending scho ol or 103 other institution of higher education, attending alcohol - or 104 drug-treatment programs, seeking the required services 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, that is designed for carrying more than ten 115 passengers and that is used to transport students to and 116 from school, or to transport pupil s properly chaperoned to 117 and from any place within the state for educational 118 purposes. The term "school bus" shall not include a bus 119 operated by a public utility, municipal corporation or 120 common carrier authorized to conduct local or interstate 121 transportation of passengers when such bus is not traveling 122 a specific school bus route but is: 123 (a) On a regularly scheduled route for the 124 transportation of fare -paying passengers; or 125 (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 transports 133 schoolchildren as an incident to employment with a school or 134 163 CCS#2 HCS SS SCS SBs 681 & 662 school district, such as a teacher, coach, administ rator, 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, subscrib ing 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 assessment shall 156 be subject to judicial review as provided in subsection 14 157 of section 302.304 and subsections 1 and 5 of sectio n 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. 165 164 CCS#2 HCS SS SCS SBs 681 & 662 304.060. 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 owned 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 motor vehicles other than school 9 buses for the purpose of transporting school children. The 10 state board of education may adopt rules and regulations 11 governing the use of other vehicles owned by a district or 12 operated under contract with any school district in this 13 state and used for the purpose of transporting school 14 children[. The operator of such vehicle shall be licensed 15 in accordance with secti on 302.272, and such vehicle ], 16 excluding motor vehicles operating under the authority of 17 the department of revenue under sections 387.400 to 18 387.440. Notwithstanding any other provisions of law, the 19 state board of education shall not require an indivi dual who 20 uses a motor vehicle with a gross vehicle weight that is 21 less than or equal to twelve thousand pounds for the purpose 22 of providing student transportation services in a vehicle 23 other than a school bus to obtain any license other than a 24 class F license, as described in 12 CSR 10 -24.200(6). Motor 25 vehicles other than school buses used shall transport no 26 more children than the manufacturer suggests as appropriate 27 for such vehicle and meet any additional requirements of the 28 school district. The state board of education may also 29 adopt rules and regulations governing the use of authorized 30 common carriers for the transportation of students on field 31 trips or other special trips for educational purposes. 32 165 CCS#2 HCS SS SCS SBs 681 & 662 Every school district, its officers and employees, and every 33 person employed under contract by a school district shall be 34 subject to such regulations. The state board of education 35 shall cooperate with the state transportation department and 36 the state highway patrol in placing suitable warni ng signs 37 at intervals on the highways of the state. 38 2. Notwithstanding the provisions of subsection 1 of 39 this section, any school board in the state of Missouri in 40 an urban district containing the greater part of the 41 population of a city which ha s more than three hundred 42 thousand inhabitants may contract with any municipality, bi - 43 state agency, or other governmental entity for the purpose 44 of transporting school children attending a grade or grades 45 not lower than the ninth nor higher than the tw elfth grade, 46 provided that such contract shall be for additional 47 transportation services, and shall not replace or fulfill 48 any of the school district's obligations pursuant to section 49 167.231. The school district may notify students of the 50 option to use district-contracted transportation services. 51 3. Any officer or employee of any school district who 52 violates any of the regulations or fails to include 53 obligation to comply with such regulations in any contract 54 executed by him on behalf of a sc hool district shall be 55 guilty of misconduct and subject to removal from office or 56 employment. Any person operating a school bus under 57 contract with a school district who fails to comply with any 58 such regulations shall be guilty of breach of contract a nd 59 such contract shall be cancelled after notice and hearing by 60 the responsible officers of such school district. 61 4. Any other provision of the law to the contrary 62 notwithstanding, in any county of the first class with a 63 166 CCS#2 HCS SS SCS SBs 681 & 662 charter form of governmen t adjoining a city not within a 64 county, school buses may bear the word "special". 65 Section B. Because immediate action is necessary to 1 provide for the safety and education of school children, the 2 enactment of sections 167.625 and 168. 036 of this act is 3 deemed necessary for the immediate preservation of the 4 public health, welfare, peace, and safety, and is hereby 5 declared to be an emergency act within the meaning of the 6 constitution, and the enactment of sections 167.625 and 7 168.036 of this act shall be in full force and effect upon 8 its passage and approval. 9 Section C. The repeal and reenactment of section 1 167.645 of this act shall become effective January 1, 2023. 2