HCS#2 HB 2008, 1218 & 1062 -- SCHOOL SAFETY AND EFFICIENCY

SPONSOR:  Cunningham, 86 (Muschany)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elementary
and Secondary Education by a vote of 8 to 2.

This substitute changes the laws regarding school safety and
efficiency, teacher certification, accredited school districts,
and charter schools.

SAFETY

Currently, school districts are allowed to adopt emergency plans,
but the substitute requires emergency planning and requires the
plan to address the continuation of school services when
person-to-person contact must be curtailed.

School districts must develop a policy by September 1, 2007, to
prevent bullying.  The policy must treat students equally, but
may include age-appropriate differences.  The policy must cover,
among other issues, the consequences for bullying and the
procedures for reporting it.

EFFICIENCY

The substitute restricts the members of the governing council of
the St. Louis Special School District to four two-year terms.
Members who have served for eight or more years cannot serve
again until at least three other members of the board of
education of their school district have served as governing
council members or until a total of six years have been served by
other members of their board of education.  Governing council
members must report the substance of each council meeting to
their respective boards of education at the next meeting; and the
minutes of council meetings must be provided to all member boards
of education.

The fee for the State Auditor to register school bonds is changed
to $50 an hour.  Beginning January 1, 2010, the fee will be
adjusted by the inflation rate.

TEACHERS AND DISTRICTS

Teachers who have attained certification through the American
Board for Certification of Teacher Excellence are allowed to
acquire Missouri certification based on State Board of Education
rules.  The state board is permitted to recognize certification
through other federally approved teacher certification
organizations at its discretion, and districts may continue to
impose district-level additional requirements for hiring.

The substitute changes the laws to prevent a school district from
moving back and forth between unaccredited and provisionally
accredited status.  If a school district that has been classified
as unaccredited within the past five years and has become
provisionally accredited should lose its provisional
accreditation, it will lapse on June 30 or at a later date
determined by the state board.

The required hearing on the plans for continuing educational
programs after lapse must be held at least 60 days before the
district lapses.  A special administrative board, which may be
appointed by the state board to monitor an unaccredited district,
is also given standing to enjoin school board actions that might
result in wastage of assets.  The state board is given the option
of permitting a lapsed district to continue to operate under its
existing governance structure according to terms and conditions
the board establishes.  A prohibition on attaching a lapsed
district with more than 5,000 students to another district
without the approval of the board of the receiving school
district is removed.

CHARTER SCHOOLS

The substitute clarifies that the sponsoring private college of a
charter school in St. Louis must have its primary campus located
in Missouri in the same standard metropolitan statistical area as
the St. Louis City School District.  The substitute also adds
several accountability provisions that address charter schools
going out of business; audit requirements; and provisions that
clarify that for the purposes of charter school board members
selling to or providing services for the charter school, the same
restrictions that govern local school district board members
apply.

MISCELLANEOUS PROVISIONS

References to Section 162.700, RSMo, regarding early childhood
education were included in the sunset clause for the First Steps
Program.  The substitute removes these erroneous references from
the sunset clause.

The substitute contains an emergency clause.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of $853,001
to less than $1,053,001 in FY 2007, $1,023,601 to less than
$1,123,601 in FY 2008, and $1,023,601 to less than $1,123,601 in
FY 2009.  No impact on Other State Funds in FY 2007, FY 2008, and
FY 2009.

PROPONENTS:  Supporters of HB 2008 say that school districts need
to be ready for emergencies other than weather-related disasters.
For pandemic flu, school buildings may be used for community
purposes, and it may be very difficult to provide continuity of
education without a thorough plan.

Supporters of HB 1218 say that while school districts must have a
discipline policy, bullying continues to be a problem.  Schools
need to address the problem of bullying, and the bill gives them
a framework for doing that.

Supporters of HB 1062 say that some school districts do not get
consistent reporting back from their representatives on the
governing council.  Ensuring rotation and reporting requirements
should help component districts stay informed.

Testifying for HB 2008 were Representative Muschany; and
Department of Health and Senior Services.  Testifying for HB 1218
were Representative Kraus; and Kathy O'Loughlin, Missouri Parent
Teacher Association.  Testifying for HB 1062 was Representative
Cunningham (86).

OPPONENTS:  Those who oppose HB 1062 say that while the reporting
provisions are a good idea, expertise is valuable.  If the
districts are happy to have one person specialize, that should be
their decision.

Testifying against HB 1062 were Missouri School Boards'
Association; and Missouri National Education Association.

OTHERS:  Others testifying on HB 2008 say that a full-scale
rehearsal is not defined and could result in a district not
getting its state funding for average daily attendance.  The
legislature should be careful about creating a liability
situation in requiring the means to deliver services without
ensuring that the necessary services can be provided.

Others testifying on HB 1218 say that while the intent of the
bullying bill is admirable, prohibiting a list of classes
eliminates a valuable training tool for staff.  Districts would
be better served by less prescriptive guidelines with more
flexibility.

Others testifying on HB 2008 was Missouri School Boards'
Association.  Others testifying on HB 1218 were Missouri School
Boards' Association; Missouri School Administrators Coalition;
and Missouri National Education Association.

Becky DeNeve, Senior Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:45 am