Publications: SAC Legislative Bulletin

SAC Legislative Bulletin

May 16, 2006

May 22, 2006

SAC Legislative Bulletin

The official legislative newsletter for the School Administrators Coalition (SAC) which includes

MASA, MAESP, MASSP, MO-CASE, MUSIC, MO K-8, MARE, MSHSAA, & MAPT

For a complete listing of bill summaries that impact education go to
http://www.mcsa.org/reference

If you can not access this link, simply copy and paste the above address in your browser.

WHAT PASSED

Reform of Summer School Penalty

Virtual School Establishment

Full Funding for New Formula Percentage Phase-In

Low Levy Adequacy Provision

Standards for Early Childhood Education

Increased Penalties for Traffic Violations with School Busses

Incentives for Teaching in Urban and Rural Schools

Bullying Policy Requirement

Natural Gas Sunset Removed

WHAT DIDN'T PASS

Tuition Tax Credits

Public School Choice

Sixty-Five Percent for Instruction

Restriction on School Starting Date

Seat Belt Mandate for School Busses

Spending Limitation on State Government

Posting of School Administrator Salaries

Higher Assessment Ceiling for School Bonds

MACCE Revisions

TIF Reform

END OF SESSION SUMMARY

It is unusual when a session can be described as excellent for the public schools without the passage of significant pieces of education legislation that greatly enhances education policy and/or resources. When you consider, however, the number of legislative initiatives filed and given consideration during the legislative session which could have seriously impacted Missouri public schools in a negative fashion and did not pass, the evaluation can only be that this was a very good session for Missouri public schools.

That evaluation is mired somewhat by the failure of the General Assembly to pass a constitutional amendment raising the bonding capacity of school districts (see Separate Article) and to enact legislation reforming Tax Increment Financing (TIF). On the other hand, it is enhanced by the passage of full funding of the fifteen percent phase-in portion of the new foundation formula and an imperfect but very helpful modification of the formula summer school penalty provision (see Article on SB 894).

Considering the significant players who filed and worked very hard to pass several individual initiatives which were opposed by the School Administrators Coalition (SAC) and/or the public school community, it is somewhat amazing that the session ended without the passage of 1) tuition tax credits, 2) public school choice, 3) a sixty-something spending mandate for instruction, 4) a late August restriction on school starting dates, 5) a shoulder/lap seat belt mandate for school busses, 6) a constitutional amendment limiting state spending (see Separate Article) and 7) a requirement to post all school administrator salaries on state and local websites.

Two pieces of legislation which were passed into law include positives and negatives (at least questions regarding their impact and implementation) and need close scrutiny by public school administrators. The first bill is CCS for HCS for SS for SCS for SB 894 which passed the Senate as a bill interrelating low tax levies with inadequate funding for school districts (see Separate Article) and became the legislative vehicle for modifying the summer school penalty attached to foundation formula funding and requiring school districts to adopt an anti-bullying policy. The second bill is SS for SCS for SB 912 which requires the State Board of Education to establish a virtual public school by July 1, 2007 (see Separate Article). Although SAC neither opposed nor supported Virtual Schools legislation throughout the session, a number of questions regarding the implementation of this legislation was raised with both members of the General Assembly and the Department of Elementary and Secondary Education.

Although the public schools and school administrators escaped from the session without the consequences of large policy changes which could have started schools down a slippery slope of private delivery of education services, all educators must remember that many of these issues have strong support and resources behind them and the debate and legislative jostling are sure to continue. School administrators and the public school community must remain united and strong in their public school advocacy efforts but, also, must discuss issues openly and look for opportunities for consensus on new approaches that can improve the delivery of education to school age children.

School administrators are, also, reminded to express appreciation to their state representatives and senators who supported the issues and positions that were requested throughout the legislative session. After all, their actions resulted in an excellent session for the public schools.

EDUCATION MINI-OMNIBUS BILL

CCS HCS SS SCS SB 894 sponsored by Sen. Nodler began as the “low levy” bill and when truly agreed and finally passed, became the education mini-omnibus bill for the session. The bill includes:

1. a requirement to adopt an anti-bullying policy;

2. a requirement to annually assert whether the school district is providing an adequate education to students;

3. a ready to work endorsement;

4. a truancy provision for the City of St. Louis;

5. a yo-yo provision to limit the ability of districts to move between unaccredited and provisionally accredited statuses; and

6. a modified summer school penalty correction (see Separate Article).

Anti-Bullying Policy

Each school district is required to adopt an anti-bullying policy by September 1, 2007. The policy must treat all students equally and cannot contain specific lists of protected classes of students who are to receive special treatment. The policy may, however, include age appropriate differences based upon grade levels, and the consequences of bullying must be stated in the policy.

Adequacy Assertion

Each school district with an operating levy that is lower than the performance levy will be required to annually provide written notice to DESE stating whether the district is providing an adequate education to students. Any inadequacy will be statutorially deemed due to a lack of sufficient local effort. Districts are not, however, prohibited from including all reasons that contribute to any inadequacy in the written notice to DESE. The adequacy assertion gained the support of legislators who are upset with school districts for proceeding with the funding lawsuit after passage of the new funding formula last year. A new statutory presumption regarding inadequacy will likely have little, if any, impact on the pending funding lawsuit.

Ready to Work Endorsement

DESE will create a “read to work” endorsement program that includes academic and work readiness components, objective assessment tools and techniques utilizing existing work force assessments, and a guarantee to potential employers that a student is “ready to work”. Participation in the program will be voluntary for high school students.

St. Louis City Truancy Provision

The City of St. Louis School District will be required to report to the Children’s Division any student under the age of seventeen who is absent from school more than fifteen days in one school year. The Children’s Division will then be required to contact the parents of the student regarding the absences and advise of the possible application of educational neglect provisions of the law.

Moving Between Unaccredited and Provisionally Accredited Status

School districts classified as unaccredited within the previous five years that subsequently attain provisional accreditation are subject to lapse on June 30 of any year in which the school district reverts to unaccredited status.

Summer School Penalty Correction

A modified summer school penalty provision was enacted which will lessen the penalty for many school districts. See separate article herein.

SUMMER SCHOOL PENALTY

Since HCS for SB 644 had been voted out of the House Special Committee on Student Achievement and Finance but had never been placed on the House Calendar, Rep. Wallace offered an amendment to phase out the summer school penalty at the same rate as the new formula is phased in. His amendment, also, included language to exempt small schools completely from the summer school penalty and to ensure that hold harmless schools formula payments were not reduced by the summer school penalty.

Rep. Wallace’s amendment was approved after being amended to read that only summer school students enrolled in core classes (communication arts, mathematics, science, and social studies) could be counted for average daily attendance in computing summer school payments and/or summer school penalties.

In conference, SAC and other public school advocates worked to include Rep. Wallace’s original amendment without the restriction on enrollment in specified core classes. Because of opposition from House conferees, the only compromise that could be obtained was one that included lowering the summer school penalty threshold to a floor of sixty-five percent of the 2005 summer school attendance according to the following schedule. The threshold in 2006-2007 will be eighty percent; in 2007-2008 will be seventy percent; and thereafter through 2011-2012 will be sixty-five percent. In all cases, the penalty will be applied only to any drop in summer school enrollment exceeding the threshold level rather than the entire drop from the 2005 base year enrollment.

In conference, Newton Learning which had worked with the School Administrators Coalition (SAC) to pass a modification of the summer school penalty through the House of Representatives took a firm position in favor of not lowering the threshold for summer school penalties below sixty-five percent.

ABOUT VIRTUAL SCHOOLS

With the passage of SS SCS SB 912 and the appropriation of $125,000 for start-up costs, the Missouri legislature has approved the establishment of a Missouri Virtual School program with oversight and governance provided by DESE.

The bill provides a basic structure for a virtual school program while leaving the details and specific operations of the program to be determined by DESE through rulemaking. All school age children will be eligible to attend the virtual school but will go through a selection process yet to be established by DESE in order to participate. Participation is limited by appropriation with no cap on the total number of students who can ultimately participate. The virtual school will be required to comply with all statutes, rules and regulations applicable to public schools, including participation in MSIP and MAP, fulfilling the requirements of NCLB, and complying with teacher certification and curriculum standards. The bill, as filed, would have required all students to enroll in their local school district and advise that district of their intent to participate in the virtual school program. The bill was amended to provide the students and their families the option of enrolling in the local public school. If the student and family opt to enroll in the public school, the virtual school will receive eighty-five percent of the state adequacy target for each child enrolled, and the school district will receive fifteen percent of the current state aid per eligible pupil and will retain all local monies attributable to that student. If the student and his/her family opt not to enroll, the school district receives no funds for that student, and all state funds are distributed to the virtual school. It is the hope of the sponsors of the legislation that students who are dually enrolled in the public school and the virtual school will be eligible to participate in extra-curricular activities at the public school. However, Rep. Brian Baker clearly stated on the floor of the House of Representatives that decisions regarding activities regulated by the MSHSAA will be determined by MSHSAA and its voting membership. School administrators are encouraged to participate in the rulemaking process as DESE begins drafting proposed regulations.

BONDING CAPACITY

SJR 31 which was sponsored by Sen. Ridgeway and would have allowed Missouri voters to decide whether the bonded indebtedness limit for school districts should be raised from fifteen percent of assessed valuation to twenty percent was passed by the Senate and the House Special Committee on Student Achievement and Finance. But it was never placed on the House Calendar for debate and the companion House bill (HJR 41) sponsored by Rep. Baker was not referred to a House committee until the final day of the legislative session.

TRANSPORTATION

A great deal of discussion this session centered around student safety and the need to further enhance safety in the transportation of students to and from school. HCS SS SCS SB 872, 754, and 669 sponsored by Sen. Gibbons and handled by Rep. St Onge in the House of Representatives, increases the penalties for those who fail to stop for school busses that are loading or unloading students. Anyone who fails to yield and injures a child will be guilty of a Class C felony and if the child dies, the individual will be guilty of a Class C felony. A Class C felony carries a maximum penalty of ten years imprisonment and a Class D felony carries a maximum penalty of less than ten years imprisonment.

HCS HB 1180 sponsored by Rep. Corcoran allows school districts to transport students who reside less than one mile from school and request a waiver of the administrative penalty when students are required to cross a state highway or county arterial without access to sidewalks, traffic signals or a crossing guard, and no existing bus stop is changed to permit school districts to avoid an administrative penalty. DESE is to promulgate a rule detailing the specifics of the criteria needed to gain an exemption from the administrative penalty.

Early in the session there was discussion of mandatory seat belts be installed on school busses. A hearing was conducted on HB 1674 which would have required seatbelts or all busses purchased or manufactured after January 1, 2007 and would have imposed a surcharge on moving violations to alleviate a portion of the costs associated with installation of the seat belts. However, the revenue that may have been generated by the surcharge would not have been sufficient to absorb the total costs of installation and upkeep which was estimated by the Missouri Association of Pupil Transportation to be more than sixty million dollars per year over a ten year period of time. The surcharge may have generated an estimated three and one-half million per year, which falls far short of the anticipated need.

The last weeks of the session gave rise to a different school bus safety proposal. HB 2061 which would require school districts to install a Child Safety Alarm System on each school bus to verbally alert students and the driver as students board and depart from the bus. The bill would have limited school districts to one vendor whose product has not been fully tested in Missouri. DESE recently approved a pilot study of this product and it seems prudent to review the results of that study before mandating the use of the product.

EARLY CHILDHOOD EDUCATION

HCS HB 1511 sponsored by Rep. Brad Lager requires DESE to develop standards for early childhood education by June 30, 2007. Such standards will apply to public preschool programs receiving Title I or Missouri preschool project funds and must include: an assessment of needs, a focus on cognitive, physical, social/emotional and language development, and highly qualified, certificated teachers. Districts offering fee-based programs will not be impacted and may continue to offer such programs.

TAX INCREMENT FINANCING (TIF) REFORM

After numerous Senate interim committee hearings last summer and fall, TIF reform looked promising. Both the House of Representatives and the Senate made quick work of passing TIF reform legislation. Unfortunately, these bills differed greatly in their approaches to TIF reform and, at the end of the day, neither bill garnered the support of the other chamber. Key areas of difference includes, in part: (1) whether a specific definition of “blighted area” is necessary; (2) whether residential TIFs should be allowed and, if so, what restrictions should be imposed; and (3) whether and how best to regulate the use of TIFs in green spaces and/or vacant land.

Tax increment financing has moved from being a redevelopment tool to a development incentive. This shift has had a significant and negative impact on school districts and other local taxing entities. Meaningful TIF reform is needed, and the SAC supports the appointment of a joint interim committee to continue TIF reform discussions and efforts. Areas of concern include: the need for a specific definition of “blighted area”; restrictions on residential development using TIFs; the need for school districts and tax payers to have a meaningful voice and vote in the process; and the need for limitations on the use of TIFs for the development of green spaces and vacant land.

SCHOOL HEALTH ISSUES

Two bills passed during the session will improve access to potentially lifesaving asthma and allergy medications. HB 1245 sponsored by Rep. Sater will allow school nurses to have pre-filled syringes of epinephrine available to administer to students suffering from an anaphylactic reaction. Testimony at the hearing noted that students who suffer from an anaphylactic reaction often associated with severe food allergies such as peanut allergies, can die within minutes if emergency treatment is not administered. The availability of pre-filled epinephrine syringes should help to minimize potential delays in treatment.

HB 1732 sponsored by Rep. Fraser further extends the availability of allergy and asthma medications by allowing students to possess and self-administer asthma and allergy medications when:

1. the medication is prescribed by a licensed physician who has instructed the student on proper use of the medication;

2. the student has demonstrated to the physician or school nurse the skill needed to safely use the medication;

3. the physician has approved and provided a written treatment plan for management of the asthma or allergy;

4. the student’s parent provides all written documents required by the school; and

5. the student’s parent provides a release of liability acknowledging that the school district is not liable for any injury arising from self-administration of the medication or administration by school staff.

BITS AND PIECES

SS for SCS for HCS for HB 1026 makes it a class B misdemeanor to picket or protest about any location including schools at which a funeral is held within one hour before the funeral and up to one hour after the funeral. This bill contains an emergency clause.

SCS for HCS for HB 1449 specifies that a teacher who retires from a Missouri school and returns to the classroom within a year as a substitute or part-time teacher is excused from an additional background check.

CCS for SS for SCS for HBs 1698, 1236, 995, 1362, and 1290 expands the crime of sexual contact with a student to include sexual contact with a student while on public school property by a student teacher, school employee, school volunteer, or an employee of a firm that contracts with a school to provide services. The same bill prohibits sexual offenders from being within 500 feet of school property either within a vehicle or on foot unless the offender is a parent, legal guardian, or custodian of a student within the school and has obtained permission from school administrators.

SB 858 removes the termination date for experimental tariffs of gas corporations authorized by the Public Service Commission to allow school districts to purchase aggregate amounts of natural gas.

HCS for SCS for SB 769 authorizes the Puxico, Valley R-VI, Bismarck, and Carruthersville School District to make a one-time additional transfer from the incidental fund to the capital projects fund in an amount not to exceed forty percent of the school district’s June 30, 2006 incidental fund. The bill, also, provides an exemption for making up lost school time for school districts impacted by the April, 2006 tornadoes and provides flexibility to those districts in operating their food service program.

According to our records, the following individuals represent

at least a portion of your school district.

Senator(s)

Chris Koster (R) Phone: (573) 751-1430

Representative(s)

Shannon Cooper (R) Phone: (573) 751-1484

David Pearce (R) Phone: (573) 751-2272

Michael McGhee (R) Phone: (573) 751-1462

You have received this message as benefit of your membership

in one of the organizations above. To discontinue this correspondence contact: bulletin@mcsa.org