SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES CUNNINGHAM (86) (Sponsor), BAKER, LEMBKE,
SANDER, MORRIS, DEMPSEY, NIEVES, REINHART, ERVIN, GUEST, LIPKE, BIVINS, RUPP,
MOORE, DETHROW, THRELKELD, DIXON, LUETKEMEYER, STEVENSON,
SCHAAF, COOPER (155), BEARDEN, MUNZLINGER, BEAN, QUINN, PHILLIPS, BRUNS, VILLA,
HANAWAY, JETTON, WALLACE, WALTON, HAYWOOD, PORTWOOD, KINGERY, SHOEMAKER, DEEKEN, ICET AND HUNTER (Co-sponsors).
Read 1st time January 12, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 168.021, 168.110, 168.124, and 168.291, RSMo, and to enact in lieu thereof five new sections relating to school personnel, with an emergency clause for certain sections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 168.021, 168.110, 168.124, and 168.291, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 162.032, 168.021, 168.110, 168.124, and 168.291, to read as follows:
162.032. If a school district is annexed to an existing district or divided into two or more districts by a vote of the citizens, or is dissolved under the lapse procedures in section 162.081, court action, or any other authority of Missouri or federal laws, the successor school district shall become responsible for ensuring access to continuation of health insurance coverage for retired teachers and employees of the district if the original district offers health insurance coverage to its retirees at the time of its loss of corporate structure. If an original district is divided into multiple successor districts, such responsibility shall be assigned to the successor district with the largest eligible pupil count in the most recently completed school year.
168.021. 1. Certificates of license to teach in the public schools of the state shall be granted as follows:
(1) By the state board, under rules and regulations prescribed by it,
(a) Upon the basis of college credit;
(b) Upon the basis of examination;
(2) By the state board, under rules and regulations prescribed by the state board with advice from the advisory council established by section 168.015 to any individual who presents to the state board a valid doctoral degree from an accredited institution of higher education accredited by a regional accrediting association such as North Central Association. Such certificate shall be limited to the major area of postgraduate study of the holder, shall be issued only after successful completion of the examination required for graduation pursuant to rules adopted by the state board of education, and shall be restricted to those certificates established pursuant to subdivision (1) of subsection 3 of this section; [or]
(3) By the state board, which shall issue the professional certificate classification in both the general and specialized areas most closely aligned with the current areas of certification approved by the state board, commensurate with the years of teaching experience of the applicant, and based upon the following criteria:
(a) Recommendation of a state-approved baccalaureate-level teacher preparation program;
(b) Successful attainment of the Missouri qualifying score on the exit assessment for teachers or administrators designated by the state board of education. Applicants who have not successfully achieved a qualifying score on the designated examinations will be issued a two-year nonrenewable provisional certificate; and
(c) Upon completion of a background check and possession of a valid teaching certificate in the state from which the applicant's teacher preparation program was completed; or
(4) By the state board, under rules and regulations prescribed by it, on the basis of certification by the American Board for Certification of Teacher Excellence and, at the discretion of the state board, certification by any other teacher certification organization recognized by the federal government.
2. All valid teaching certificates issued pursuant to law or state board policies and regulations prior to September 1, 1988, shall be exempt from the professional development requirements of this section and shall continue in effect until they expire, are revoked or suspended, as provided by law. When such certificates are required to be renewed, the state board or its designee shall grant to each holder of such a certificate the certificate most nearly equivalent to the one so held. Anyone who holds, as of August 28, 2003, a valid PC-I, PC-II, or continuous professional certificate shall, upon expiration of his or her current certificate, be issued the appropriate level of certificate based upon the classification system established pursuant to subsection 3 of this section.
3. Certificates of license to teach in the public schools of the state shall be based upon minimum requirements prescribed by the state board of education. The state board shall provide for the following levels of professional certification: an initial professional certificate and a career continuous professional certificate.
(1) The initial professional certificate shall be issued upon completion of requirements established by the state board of education and shall be valid based upon verification of actual teaching within a specified time period established by the state board of education. The state board shall require holders of the four-year initial professional certificate to:
(a) Participate in a mentoring program approved and provided by the district for a minimum of two years;
(b) Complete thirty contact hours of professional development, which may include hours spent in class in an appropriate college curriculum; and
(c) Participate in a beginning teacher assistance program;
(2) (a) The career continuous professional certificate shall be issued upon verification of completion of four years of teaching under the initial professional certificate and upon verification of the completion of the requirements articulated in paragraphs (a), (b), and (c) of subdivision (1) of this subsection.
(b) The career continuous professional certificate shall be continuous based upon verification of actual employment in an educational position as provided for in state board guidelines and completion of fifteen contact hours of professional development per year which may include hours spent in class in an appropriate college curriculum. Should the possessor of a valid career continuous professional certificate fail, in any given year, to meet the fifteen-hour professional development requirement, the possessor may, within two years, make up the missing hours. In order to make up for missing hours, the possessor shall first complete the fifteen-hour requirement for the current year and then may count hours in excess of the current year requirement as make-up hours. Should the possessor fail to make up the missing hours within two years, the certificate shall become inactive. In order to reactivate the certificate, the possessor shall complete twenty-four contact hours of professional development which may include hours spent in the classroom in an appropriate college curriculum within the six months prior to or after reactivating his or her certificate. The requirements of this paragraph shall be monitored and verified by the local school district which employs the holder of the career continuous professional certificate.
(c) A holder of a career continuous professional certificate shall be exempt from the professional development contact hour requirements of paragraph (b) of this subdivision if such teacher has a local professional development plan in place within such teacher's school district and meets two of the three following criteria:
a. Has ten years of teaching experience as defined by the state board of education;
b. Possesses a master's degree; or
c. Obtains a rigorous national certification as approved by the state board of education.
4. Policies and procedures shall be established by which a teacher who was not retained due to a reduction in force may retain the current level of certification. There shall also be established policies and procedures allowing a teacher who has not been employed in an educational position for three years or more to reactivate his or her last level of certification by completing twenty-four contact hours of professional development which may include hours spent in the classroom in an appropriate college curriculum within the six months prior to or after reactivating his or her certificate.
5. The state board shall, upon an appropriate background check, issue a professional certificate classification in the areas most closely aligned with an applicant's current areas of certification, commensurate with the years of teaching experience of the applicant, to any person who is hired to teach in a public school in this state and who possesses a valid teaching certificate from another state[,] or certification as contemplated under subdivision (4) of subsection 1 of this section; provided that the certificate holder shall annually complete the state board's requirements for such level of certification, and shall establish policies by which residents of states other than the state of Missouri may be assessed a fee for a certificate license to teach in the public schools of Missouri. Such fee shall be in an amount sufficient to recover any or all costs associated with the issuing of a certificate of license to teach.
6. The state board may assess to holders of an initial professional certificate a fee, to be deposited into the excellence in education revolving fund established pursuant to section 160.268, RSMo, for the issuance of the career continuous professional certificate. However, such fee shall not exceed the combined costs of issuance and any criminal background check required as a condition of issuance.
7. Any member of the public school retirement system of Missouri who entered covered employment with ten or more years of educational experience in another state or states and held a certificate issued by another state and subsequently worked in a school district covered by the public school retirement system of Missouri for ten or more years who later became certificated in Missouri shall have that certificate dated back to his or her original date of employment in a Missouri public school.
168.110. The board of education of a school district may modify an indefinite contract annually on or before the fifteenth day of May in the following particulars:
(1) Determination of the date of beginning and length of the next school year;
(2) Fixing the amount of annual compensation for the following school year as provided by the salary schedule adopted by the board of education applicable to all teachers. Districts may provide a salary that includes hiring incentives or salary schedule modifications to attract and retain teachers based upon demonstrated need for teachers certified in shortage areas. Districts may also provide such incentives or schedule modifications to attract and retain teachers with qualities, experience, or credentials that are exceptionally well suited to a district's needs for academic improvement or to compensate teachers who undertake difficult assignments, including but not limited to teaching in a classroom that exceeds the recommended class size for that grade level according to Missouri school improvement program standards. In exchange for such incentives, teachers may be required to teach in the district offering the incentive for a period of up to three school years. Districts shall have the decision-making authority on whether to provide such incentives and modifications within the limits of this section. The modifications shall be effective at the beginning of the next school year. All teachers affected by the modification shall be furnished written copies of the modifications within thirty days after their adoption by the board of education.
168.124. 1. The board of education of a school district may place on leave of absence as many teachers as may be necessary because of a decrease in pupil enrollment, school district reorganization or the financial condition of the school district. Except as provided under the conditions prescribed in subsection 3 of this section, in placing teachers on leave, the board of education shall be governed by the following provisions:
(1) No permanent teacher shall be placed on leave of absence while probationary teachers are retained in positions for which a permanent teacher is qualified;
(2) Permanent teachers shall be retained on the basis of performance-based evaluations and seniority (however, seniority shall not be controlling) within the field of specialization;
(3) Permanent teachers shall be reinstated to the positions from which they have been given leaves of absence, or if not available, to positions requiring like training and experience, or to other positions in the school system for which they are qualified by training and experience;
(4) No appointment of new teachers shall be made while there are available teachers on unrequested leave of absence who are properly qualified to fill such vacancies;
(5) A teacher placed on leave of absence may engage in teaching or another occupation during the period of such leave;
(6) The leave of absence shall not impair the tenure of a teacher;
(7) The leave of absence shall continue for a period of not more than three years unless extended by the board.
2. Except as provided in subsection 3 of this section, if a school district places a contracted teacher on leave of absence more than thirty days but less than sixty days after the governor signs the elementary and secondary education appropriation bill, the district shall pay the affected teacher a sum equal to one-quarter of the value of that teacher's contract. If a school district places a contracted teacher on leave of absence more than sixty days after the governor signs the elementary and secondary education appropriation bill but before half of that school year is completed, the district shall pay the affected teacher a sum equal to one-half of the value of that teacher's contract.
3. The provisions of subsection 1 of this section may be suspended for one school year by a vote of the district board of education during a fiscal year in which the commissioner of education determines that funds appropriated for basic state aid to education pursuant to section 163.031, RSMo, do not increase by at least the level of inflation as calculated by the consumer price index for all urban consumers or successor index, when the school district meets one of the following conditions:
(1) A district is determined to be financially stressed as defined in section 161.520, RSMo;
(2) A district is declared unaccredited or provisionally accredited or a district has a school that is declared academically deficient or that enters school improvement status under federal law;
(3) A district has a school building that has been declared persistently dangerous;
(4) A district has:
(a) A decrease in enrollment of five percent or more annually over a period of two or more years;
(b) A cumulative increase in enrollment of five percent or more over a period of two years;
(c) An average class size for kindergarten through grade two in excess of the acceptable levels prescribed for the Missouri school improvement program or successor accreditation program; or
(5) A district has proposed two consecutive operational or capital funding tax increases within the last five years that are not approved by the voters.
4. The vote of the district board shall occur only from July first to August fifteenth of such fiscal year, or within forty-five calendar days after any executive withholding of such appropriated funds within the fiscal year if the commissioner of education determines that such withholding causes the level of released funds to meet the condition prescribed in subsection 3 of this section. A school district that votes to suspend the provisions of subsection 1 of this section shall base its decision for any individual involved in a reduction in force, pursuant to the criteria prescribed in subdivision (2) of subsection 1 of this section, by giving significant weight to performance over seniority.
168.291. 1. Except under the conditions prescribed in subsection 2 of this section, whenever it is necessary to decrease the number of employees because of insufficient funds or decrease in pupil enrollment or lack of work the board of education may cause the necessary number of employees, beginning with those serving probationary periods, to be placed on leave of absence without pay, but only in the inverse order of their appointment. Each employee placed on leave of absence shall be reinstated in inverse order of his or her placement on leave of absence. Such reemployment shall not result in a loss of status or credit for previous periods of service. No new appointments shall be made while there are available employees on leave of absence who have not attained the age of seventy years and who are adequately qualified to fill the vacancy in the particular department unless the employees fail to advise the board within thirty days from date of notification by the board that positions are available to them, that they will return to employment, and will assume the duties of the position to which they are appointed not later than the beginning of the month following the date of the notice by the board.
2. The provisions of subsection 1 of this section may be suspended for one school year by a vote of the district board of education during any fiscal year in which the commissioner of education determines that funds appropriated for basic state aid to education under section 163.031 do not increase by at least the level of inflation as calculated by the consumer price index for all urban consumers, or its successor index, when the school district meets one of the following conditions:
(1) A district is determined to be financially stressed as defined in section 161.520, RSMo;
(2) A district is declared unaccredited or provisionally accredited or a district has a school that is declared academically deficient or that enters school improvement status under federal law;
(3) A district has a school building that has been declared persistently dangerous;
(4) A district has:
(a) A decrease in enrollment of five percent or more annually over a period of two or more years;
(b) A cumulative increase in enrollment of five percent or more over a period of two years;
(c) An average class size for kindergarten through grade two in excess of the acceptable levels prescribed for the Missouri school improvement program, or its successor accreditation program; or
(5) A district has proposed two consecutive operational or capital funding tax increases within the last five years that are not approved by the voters.
3. The vote of the district board shall occur only from July first to August fifteenth of such fiscal year, or within forty-five calendar days after any executive withholding of such appropriated funds within the fiscal year if the commissioner of education determines that such withholding causes the level of released funds to meet the condition prescribed in subsection 2 of this section. A school district that votes to suspend the provisions of subsection 1 of this section shall base its decision for any individual involved in a reduction in force giving significant weight to performance over seniority.
Section B. Because immediate action is necessary to ensure the issuance of teacher contracts occurs under conditions that permit all parties enough time for fair consideration the repeal and reenactment of sections 168.110, 168.124, and 168.291 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of sections 168.110, 168.124, and 168.291 of section A of this act shall be in full force and effect July 1, 2004, or upon its passage or approval whichever later occurs.