LEVIN (Co-sponsors), KING AND SALLEE.
Read 1st time January 26, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal section 160.530, RSMo 1994, and sections 169.324, 169.560 and 169.660, RSMo Supp. 1999, relating to teachers, and to enact in lieu thereof seven new sections relating to the same subject, with an effective date and an expiration date for a certain section.
Section A. Section 160.530, RSMo 1994, and sections 169.324, 169.560 and 169.660, RSMo Supp. 1999, are repealed and seven new sections enacted in lieu thereof, to be known as sections 160.530, 168.680, 168.682, 168.684, 169.324, 169.560 and 169.660, to read as follows:
160.530. 1. Beginning with fiscal year 1994 and for all fiscal years thereafter, in order to be eligible for state aid distributed pursuant to section 163.031, RSMo, a school district shall allocate one percent of moneys received pursuant to section 163.031, RSMo, exclusive of categorical add-ons, to the professional development committee of the district as established in subdivision (1) of subsection 4 of section 168.400, RSMo. Of the moneys allocated to the professional development committee in any fiscal year [as specified by this subsection], seventy-five percent of such funds shall be spent in the same fiscal year for purposes determined by the professional development committee after consultation with the administrators of the school district and approved by the local board of education as meeting the objectives of a school improvement plan of the district that has been developed by the local board. [Moneys expended for staff training pursuant to any provisions of this act shall not be considered in determining the requirements for school districts imposed by this subsection.]
2. Beginning with fiscal year [1994] 2001 and for all fiscal years thereafter, ninety percent of one percent of moneys appropriated to the department of elementary and secondary education otherwise distributed to the public schools of the state pursuant to the provisions of section 163.031, RSMo, exclusive of categorical add-ons, shall be distributed by the commissioner of education to address statewide areas of critical need for learning and development as determined by rule and regulation of the state board of education with the advice of the commission established by section 160.510 and the advisory council provided by subsection 1 of section 168.015, RSMo. The moneys described in this subsection may be distributed by the commissioner of education to colleges, universities, private associations, professional education associations, statewide associations organized for the benefit of members of boards of education, public elementary and secondary schools, and other associations and organizations that provide professional development opportunities for teachers, administrators, and boards of education for the purpose of addressing statewide areas of critical need, provided that subdivisions (1) and (2) of this subsection shall constitute priority uses for such moneys. No less than twenty percent of the funds appropriated for this subsection shall be allocated for the purposes of tuition reimbursement pursuant to subdivision (16) of this subsection and no less than ten percent shall be allocated for the purposes of teacher recruitment and retention pursuant to subdivision (17) of this subsection. "Statewide areas of critical need for learning and development" shall include:
(1) Funding the operation of state management teams in districts with academically deficient schools and providing resources specified by the management team as needed in such districts;
(2) Funding for grants to districts, upon application to the department of elementary and secondary education, for resources identified as necessary by the district, for those districts which are failing to achieve assessment standards;
(3) Funding programs to help students read at grade level, with special emphasis on early acquisition of reading skills;
(4) Programs to improve student acquisition of the core knowledge areas of math, science, social studies, and communication arts so that students attain proficiency on assessments of those areas;
(5) Ensuring that all children, especially children at risk, children with special needs, and gifted students are successful in school;
[(4)] (6) Increasing parental involvement in the education of their children;
[(5)] (7) Providing information which will assist public school administrators and teachers in understanding the process of site-based decision making;
[(6)] (8) Implementing recommended curriculum frameworks as outlined in section 160.514;
[(7)] (9) Training in new assessment techniques for students;
[(8)] (10) Cooperating with law enforcement authorities to expand successful antidrug programs for students;
[(9)] (11) Strengthening existing curricula of local school districts to stress drug and alcohol prevention;
[(10)] (12) Implementing and promoting programs to combat gang activity in urban areas of the state;
[(11)] (13) Establishing family schools, whereby such schools adopt proven models of one-stop state services for children and families;
[(12)] (14) Expanding adult literacy services; [and
(13)] (15) Training of members of boards of education in the areas deemed important for the training of effective board members as determined by the state board of education[.];
(16) Tuition reimbursement for all school district principals, instructional supervisors, classroom teachers and other certified personnel in an amount equal to the rate charged at Missouri public colleges and universities for successful completion of a credit course, and the attainment of a grade A or B or their equivalents. There shall be no tuition reimbursement for any course in which a grade of less than B, or its equivalent, is attained;
(17) Recruiting and training qualified substitute teachers. Among other purposes, funds allocated pursuant to this subdivision may be used to support salaries of substitute teachers, both on an as-needed basis and on a district-wide full-time basis and to support programs such as leave-day buy-backs, intended to lessen the need for substitute teachers; and
(18) Assistance in implementing alternative education programs.
3. To qualify for tuition reimbursement pursuant to this section, the completed course shall be one consisting of no more than three credit hours, in the area of certification in which the eligible person is employed, so long as that person works the succeeding year in that area of certification in a Missouri public school. The department of elementary and secondary education shall organize and administer the program of tuition reimbursement. The reimbursement shall be provided by the state from funds appropriated to the department of elementary and secondary education. District personnel qualifying for the reimbursement provided by this section shall request such reimbursement from the state through their local school board. Pursuant to the provisions of chapter 33, RSMo, the department of elementary and secondary education shall reimburse the local school district, which in turn shall reimburse each eligible person. Such reimbursement shall be made from funds appropriated by the general assembly for this purpose and deposited in the excellence in education fund established pursuant to section 160.268. In the event the amount appropriated for tuition reimbursement pursuant to this section does not meet the real and actual cost allowed pursuant to this section, the reimbursement to each eligible principal, instructional supervisor, classroom teacher or other certificated personnel shall be prorated equally.
[3. Beginning with fiscal year 1994 and for all fiscal years thereafter,]
4. Ten percent of one percent of moneys appropriated to the department of elementary and secondary education otherwise distributed to the public schools of the state pursuant to the provisions of section 163.031, RSMo, exclusive of categorical add-ons, shall be distributed in grant awards by the state board of education, by rule and regulation, for the "Success Leads to Success" grant program, which is hereby created. The purpose of the success leads to success grant program shall be to recognize, disseminate and exchange information about the best professional teaching practices and programs in the state that address student needs, and to encourage the staffs of schools with these practices and programs to develop school-to-school networks to share these practices and programs.
168.680. 1. The department of elementary and secondary education shall permit up to fifty school districts, upon application, to determine the standards their substitute teachers shall meet.
2. Each school district participating in this program shall determine the standards and assessments for substitute teachers within the district and shall file a written plan with the division of urban and teacher education for the division's approval.
3. Each plan shall include the following:
(1) Education requirements for the applicant;
(2) Documented positive work experience with children for the applicant;
(3) In-service and pretraining design for the district's substitute teacher program;
(4) Screening process, including criminal background and reference checks, before issuing credentials to any applicant; and
(5) Assessment process for persons holding district substitute teacher credentials and for the district's substitute teacher program.
4. Each district shall review its plan at least annually and submit a written evaluation, signed by the superintendent, to the division of urban and teacher education. This evaluation shall address how the plan serves the needs of the school district, revisions that need to be implemented and why, strengths and weaknesses of the plan, student achievement levels over the life of the project and suggestions for a future statewide substitute teacher licensing policy.
5. For the purposes of section 168.011, credentials issued by participating districts shall be construed as certificates of license for that district.
6. The state board of education shall develop new rules based on its findings from the results of this section for substitute teacher credentialing by June 30, 2006.
7. The provisions of this section shall become effective July 1, 2001, and shall expire June 30, 2006.
168.682. 1. Notwithstanding the provisions of section 168.021, certification of substitute teachers by the state board of education shall be governed by this section.
2. For the purposes of section 168.011, credentials issued pursuant to this section shall be construed as certificates of license.
3. The department of elementary and secondary education shall conduct a background check on all applicants for substitute teacher credentials and shall issue a substitute teaching certificate, which may be in card form, only upon completion of a background check that meets the requirements of section 168.071.
4. No substitute teacher's certificate shall be issued unless the applicant has at least sixty semester hours or more of credit from an academic degree granting institution which is listed in the United States Department of Education's Directory of Post-Secondary Institutions or is approved by the commissioner of education.
168.684. The department of elementary and secondary education, when requested by a school district and upon sufficient information to document the request, may rule that a shortage of qualified substitute teachers exists in a school district, so that retired teachers who apply for their substitute teacher's credential through the district requesting the ruling may exceed the aggregate work-hour limitation placed on retired teachers by the teachers' retirement systems pursuant to chapter 169, RSMo. The request for a ruling may be renewed each year for a period not to exceed five years.
169.324. 1. The annual service retirement allowance payable pursuant to section 169.320 in equal monthly installments for life shall be the retirant's number of years of creditable service multiplied by one and three-fourths percent of the person's average final compensation, subject to a maximum of sixty percent of the person's average final compensation. For any member retiring on or after June 30, 1999, the annual service retirement allowance payable pursuant to section 169.320 in equal monthly installments for life shall be the retirant's number of years of creditable service multiplied by two percent of the person's average final compensation, subject to a maximum of sixty percent of the person's average final compensation. Any member whose number of years of creditable service is greater than thirty-four and one-quarter on August 28, 1993, that provides for the foregoing formula for determining the annual service retirement allowance shall receive an annual service retirement allowance payable pursuant to section 169.320 in equal monthly installments for life equal to the retirant's number of years of creditable service as of August 28, 1993, multiplied by one and three-fourths percent of the person's average final compensation but shall not receive a greater annual service retirement allowance based on additional years of creditable service after August 28, 1993, that provides for the foregoing formula for determining the annual service retirement allowance. Provided, however, that, effective January 1, 1996, any retiree who retired on, before or after January 1, 1996, with at least twenty years of creditable service shall receive at least three hundred dollars each month as a retirement allowance, or the actuarial equivalent thereof if the retiree elected any of the options available under section 169.326. Provided, further, any retiree who retired with at least ten years of creditable service shall receive at least one hundred fifty dollars each month as a retirement allowance, plus fifteen dollars for each additional full year of creditable service greater than ten years but less than twenty years (or the actuarial equivalent thereof if the retiree elected any of the options available under section 169.326). Any beneficiary of a deceased retiree who retired with at least ten years of creditable service and elected one of the options available under section 169.326 shall also be entitled to the actuarial equivalent of the minimum benefit provided by this subsection, determined from the option chosen.
2. Except as otherwise provided in this subsection and sections 169.580 and 169.585, a retirant may not receive a retirement allowance payment in any month for which such person receives remuneration from the person's employer for the performance of services except such person may serve as a nonregular substitute, part-time or temporary employee for not to exceed five hundred thirty hours in any school year without becoming a member and without having the person's retirement allowance discontinued. Upon application from a school district and a ruling from the department of elementary and secondary education pursuant to section 168.684, the retirement system shall waive the hour limitation for any retiree serving as a substitute teacher credentialed through the school district requesting the waiver, on a year-to-year basis.
3. The board of trustees shall determine annually whether the investment return on funds of the system can provide for an increase in benefits for retirants eligible for such increase. A retirant shall and will be eligible for an increase awarded pursuant to this section as of the fourth January following the date the retirant commenced receiving retirement benefits. Any such increase shall also apply to any monthly joint and survivor retirement allowance payable to such retirant's beneficiaries, regardless of age. The board shall make such determination as follows:
(1) After determination by the actuary of the investment return for the preceding year as of December thirty-first (the "valuation year"), the actuary shall recommend to the board of trustees what portion of the investment return is available to provide such benefits increase, if any, and shall recommend the amount of such benefits increase, if any, to be implemented as of the first day of the thirteenth month following the end of the valuation year, and the first payable on or about the first day of the fourteenth month following the end of the valuation year. The actuary shall make such recommendations so as not to affect the financial soundness of the retirement system, recognizing the following safeguards:
(a) The retirement system's funded ratio as of January first of the year preceding the year of a proposed increase shall be at least one hundred percent after adjusting for the effect of the proposed increase. The funded ratio is the ratio of assets to the pension benefit obligation;
(b) The actuarially required contribution rate, after adjusting for the effect of the proposed increase, may not exceed the statutory contribution rate;
(c) The actuary shall certify to the board of trustees that the proposed increase will not impair the actuarial soundness of the retirement system;
(d) A benefit increase, under this section, once awarded, cannot be reduced in succeeding years;
(2) The board of trustees shall review the actuary's recommendation and report and shall, in their discretion, determine if any increase is prudent and, if so, shall determine the amount of increase to be awarded.
4. This section does not guarantee an annual increase to any retirant.
5. Notwithstanding anything contained in this section to the contrary, the amount of the annual service retirement allowance payable to any retirant pursuant to the provisions of sections 169.270 to 169.400, including any adjustments made pursuant to subsection 3 of this section, shall at all times comply with the provisions and limitations of Section 415 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, the terms of which are specifically incorporated herein by reference.
6. All retirement systems established by the laws of the state of Missouri shall develop a procurement action plan for utilization of minority and women money managers, brokers and investment counselors. Such retirement systems shall report their progress annually to the joint committee on public employee retirement and the governor's minority advocacy commission.
169.560. 1. Any person retired and currently receiving a retirement allowance pursuant to sections 169.010 to 169.141, other than for disability, may be employed in any capacity in a district included in the retirement system created by those sections on either a part-time or temporary-substitute basis not to exceed a total of five hundred fifty hours in any one school year, and through such employment may earn up to fifty percent of the annual compensation payable under the employing district's salary schedule for the position or positions filled by the retiree, given such person's level of experience and education, without a discontinuance of the person's retirement allowance. If the employing school district does not utilize a salary schedule, or if the position in question is not subject to the employing district's salary schedule, a retiree employed in accordance with the provisions of this section may earn up to fifty percent of the annual compensation paid to the person or persons who last held such position or positions. If the position or positions did not previously exist, the compensation limit shall be determined in accordance with rules duly adopted by the board of trustees of the retirement system; provided that, it shall not exceed fifty percent of the annual compensation payable for the position in the employing school district that is most comparable to the position filled by the retiree. In any case where a retiree fills more than one position during the school year, the fifty-percent limit on permitted earning shall be based solely on the annual compensation of the highest paid position occupied by the retiree for at least one-fifth of the total hours worked during the year. Such a person shall not contribute to the retirement system or to the nonteacher school employee retirement system established by sections 169.600 to 169.715 because of earnings during such period of employment. If such a person is employed in any capacity by such a district on a regular, full-time basis, the person shall not be eligible to receive the person's retirement allowance for any month during which the person is so employed and shall contribute to the retirement system.
2. Upon application of the school district and upon a ruling from the department of elementary and secondary education pursuant to section 168.684, RSMo, the retirement system shall waive the five hundred fifty-hour limitation of subsection 1 of this section for any retiree serving as a substitute teacher credentialed through the school district requesting the waiver, on a year-to-year basis.
169.660. 1. On and after the first day of July next following the operative date, any member who is sixty or more years of age and who has at least five years of creditable service, or who has attained age fifty-five and has at least twenty-five years of creditable service, or who has at least thirty years of creditable service regardless of age may retire and receive the full retirement benefits based on the member's creditable service. A member whose creditable service at retirement is less than five years shall not be entitled to a retirement allowance but shall be entitled to receive the member's contributions.
2. Except as provided in subsection 3 of this section, any person retired and currently receiving a retirement allowance pursuant to sections 169.600 to 169.715, other than for disability, may be employed on either a part-time or temporary-substitute basis by a district included in the retirement system not to exceed a total of five hundred fifty hours in any one school year, without a discontinuance of the person's retirement allowance. Such a person shall not contribute to the retirement system, or to the public school retirement system established by sections 169.010 to 169.141, because of earnings during such period of employment. If such a person is employed in any capacity by such a district on a regular, full-time basis, or the person's part-time or temporary-substitute service in any capacity exceeds five hundred fifty hours in any one school year, the person shall not be eligible to receive the person's retirement allowance for any month during which the person is so employed.
3. Upon application from a school district and a ruling from the department of elementary and secondary education pursuant to section 168.684, the retirement system shall waive the hour limitation for any retiree serving as a substitute teacher credentialed through the school district requesting the waiver, on a year-to-year basis.
4. The system shall pay a monthly retirement allowance for the month in which a retired member or beneficiary receiving a
retirement allowance dies.
Missouri House of Representatives