Journal of the House

First Regular Session, 94th General Assembly

SIXTY-THIRD DAY, Wednesday, April 25, 2007

            The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Reverend James Earl Jackson.

              LORD GOD, our Father, You deserve praise forevermore! You are great, mighty, majestic, magnificent, glorious, and sovereign over all the heaven and earth! You are the source of wealth and honor; You reign over all. You possess strength and might and give strength to all. So, unto You, we give thanks.

              We are determined to accomplish what we were sent here to do. We understand that in that determination, we will be misunderstood, misjudged, misinterpreted and misquoted. But, with Your help, we refuse to succumb to the temptation of offense, grudges and resentments that become obstacles to finishing our assigned tasks.

              Help us to avoid being impetuous, thus, avoiding the problems that steal our time, our thoughts, and our energies.

              Now may our Lord Jesus Christ Himself and God our Father, who has loved us and given us eternal comfort and good hope by grace; comfort and strengthen our hearts in every good work and word.

              For it's in His name we pray. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Adrian George, Mara George, Nathen Gober, Emma Gober, Owen Gober, Danielle Hayes, Benton Frala, Trenae Wings, Thomas Shuman, Michael Dunlap, Madyson Stallcup, Nick Bollinger, Rachel Reilly, Emily Wang, Josh Woodyard, Morgan Grotewiel, Jacob Helton and Kathleen Joseph.

            The Journal of the sixty-second day was approved as corrected.

            Representative Schoeller assumed the Chair.

SPECIAL RECOGNITION

            The Belton Pirates Dance Team was introduced by Representative Baker (123) and recognized for attaining the 2007 Class 4A State Championship.

THIRD READING OF SENATE BILL

            HCS SCS SB 64, relating to elementary and secondary education, was taken up by Representative Wallace.

            Representative Baker (123) offered House Amendment No. 1.

            Representative Corcoran raised a point of order that House Amendment No. 1 is not germane and goes beyond the scope of the bill.

            Representative Schoeller requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Cooper (120) assumed the Chair.

            Representative Lampe offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 64, Page 3, Section 161.375, Line 34, by inserting after all of said line the following:

              "161.380. 1. The department of elementary and secondary education shall develop standards for teaching in Missouri public schools no later than June 30, 2008. The standards shall be applicable to all public schools, including public charter schools.

              2. Teaching standards shall include, but not be limited to, the following:

              (1) Students actively participate and are successful in the learning process;

              (2) Various forms of assessment are used to monitor and manage student learning;

              (3) The teacher is prepared and knowledgeable of the content and effectively maintains students' on-task behavior;

              (4) The teacher uses professional communication and interaction with the school community;

              (5) The teacher keeps current on instructional knowledge and seeks and explores changes in teaching behaviors that will improve student performance; and

              (6) The teacher acts as a responsible professional in the overall mission of the school.

              3. The department may establish guidance for districts to consider in establishing the criteria by which teaching will be evaluated under the teaching standards.

              4. In developing such teaching standards and evaluation models, the department shall involve representatives from the state teacher organizations, administration and principal organizations, Missouri advisory council for the certification of educators as created by section 168.015, Missouri staff development council, and colleges and universities."; and

              Further amend the title and enacting clause accordingly.

            Representative Aull offered House Amendment No. 1 to House Amendment No. 2.

House Amendment No. 1

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for Senate Committee Substitute for Senate Bill No. 64, Page 1, Line 7, by deleting the "." on said line and inserting in lieu thereof the following:

              '; and

              Further amend said bill, Section 168.021, Page 7, Line 42, by inserting after all of said line the following:

              "(d) An applicant must meet the Missouri qualifying score on the exit assessment for teachers or administrators designated by the state board of education in order to receive anything other than a two-year non-renewable provisional certificate."; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.'; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Aull moved that House Amendment No. 1 to House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            Representative Lampe moved that House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote:

            HCS SCS SB 64 was laid over.

MESSAGES FROM THE SENATE

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 5, entitled:

            An act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration, the Department of Transportation, the Department of Public Safety, and the Chief Executive's Office, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2007 and ending June 30, 2008.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 6, entitled:

            An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement, and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 2007 and ending June 30, 2008.

            In which the concurrence of the House is respectfully requested.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in House Amendment No. 1, House Amendment No. 2, House Amendment No. 3, House Amendment No. 4 and House Amendment No. 5 to SB 233, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS SB 308, as amended, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

BILLS CARRYING REQUEST MESSAGES

            HCS SCS SB 308, as amended, relating to licensed professionals, was taken up by Representative Wasson.

            Representative Wasson moved that the House refuse to recede from its position on HCS SCS SB 308, as amended, and grant the Senate a conference.

            Which motion was adopted.

            SB 233, with House Amendment No. 1, House Amendment No. 2, House Amendment No. 3, House Amendment No. 4 and House Amendment No. 5, relating to sales tax for Perry County, was taken up by Representative Stevenson.

            Representative Stevenson moved that the House refuse to recede from its position on House Amendment No. 1, House Amendment No 2, House Amendment No. 3, House Amendment No. 4 and House Amendment No. 5 to SB 233 and grant the Senate a conference.

            Which motion was adopted.

            On motion of Representative Dempsey, the House recessed until 2:00 p.m.

AFTERNOON SESSION

            The hour of recess having expired, the House was called to order by Speaker Pro Tem Bearden.

            Speaker Jetton resumed the Chair.

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Emily Noonan, Meridith Gibbons, Brooke Cummings, Jennifer Zwiefel, Whitney McGinnis, Jenna Homeyer, Rachal Dukar, Steve Bradley and Damian Booker.

SPECIAL RECOGNITION

            John Dillingham of Kansas City was introduced by Representative Nolte and recognized as an Outstanding Missourian.

            Representative Pearce assumed the Chair.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2635 through House Resolution No. 2695

THIRD READING OF SENATE BILLS

            SCS SB 456, relating to payments to school districts, was taken up by Representative Dempsey.

            On motion of Representative Dempsey, SCS SB 456 was truly agreed to and finally passed by the following vote:

            Representative Pearce declared the bill passed.

            HCS SB 81, as amended, relating to tourism and economic development, was taken up by Representative Schlottach.

            On motion of Representative Schlottach, HCS SB 81, as amended, was adopted.

            On motion of Representative Schlottach, HCS SB 81, as amended, was read the third time and passed by the following vote:

            Representative Pearce declared the bill passed.

            The emergency clause was defeated by the following vote:

            Representative Jones (89) assumed the Chair.

THIRD READING OF HOUSE BILL

            HB 647, relating to deer hunting, was taken up by Representative Young.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Young, HB 647 was read the third time and passed by the following vote:

            Representative Jones (89) declared the bill passed.

THIRD READING OF SENATE BILLS

            HCS SB 25, relating to services for children, was taken up by Representative Franz.

            Representative Franz offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Bill No. 25, Page 1, in the Title, Line 4, by inserting after the word “investigations,” the words “foster parents’ bill of rights,”; and

              Further amend said bill, Page 7, Section 210.183, by inserting after all of said section the following:

              "210.566. 1. (1) The children's division [of family services] and its contractors, recognizing that foster parents are not clients but rather are colleagues in the child welfare team, shall treat foster parents [with courtesy, respect and consideration] in a manner consistent with the National Association of Social Workers' ethical standards of conduct as described in its Social Workers' Ethical Responsibilities to Colleagues. Foster parents shall treat the children in their care, the child's birth family and members of the child welfare team [with courtesy, respect and consideration] in a manner consistent with their ethical responsibilities as professional team members.

              (2) The children's division and its contractors shall provide written notification of the rights enumerated in this section at the time of initial licensure and at the time of each licensure renewal following the initial licensure period.

              2. (1) The children's division [of family services] and its contractors shall provide foster parents with regularly scheduled opportunities for preservice training, [preservice] and regularly scheduled opportunities for pertinent inservice training, as determined by the Missouri State Foster Care and Adoption Advisory Board[, and support].

              (2) The children's division [of family services] and its contractors shall [share] provide to foster parents and potential adoptive parents, prior to placement, all pertinent information [about the child and the child's family], including but not limited to[, the case plan with the foster parents to assist in determining if a child would be a proper placement. The children’s division [of family services] and its contractors shall inform the foster parents of issues relative to the child that may jeopardize the health or safety of the foster family] full disclosure of all medical, psychological, and psychiatric conditions of the child, as well as information from previous placements that would indicate that the child or children may have a propensity to cause violence to any member of the foster family home. The foster parents must be provided with any information regarding the child or the child's family, inclusive of the case plan, family history of mental or physical illness, sexual abuse or perpetration, criminal background, fire-setting or other destructive behavior, substance abuse, or any other information which is pertinent to the care and needs of the child and to protect the foster or adoptive family. Knowingly providing false or misleading information to foster parents in order to secure placement shall be denoted in the caseworker's personnel file and shall be kept on record by the division.

              (3) The children's division [of family services] and its contractors shall arrange preplacement visits, except in emergencies.

              (4) The foster parents may ask questions about the child's case plan, encourage a placement or refuse a placement without reprisal from the caseworker or agency. After a placement, the children's division [of family services] and its contractors shall update the foster parents as new information about the child is gathered.

              (5) Foster parents shall be informed in a timely manner by the children's division and its contractors of [upcoming] all team meetings and staffings concerning their licensure status or children placed in their homes, and shall be allowed to participate, consistent with section 210.761.

              (6) The children's division [of family services] and its contractors shall establish reasonably accessible respite care for children in foster care for short periods of time, jointly determined by foster parents and the child's caseworker pursuant to section 210.545. Foster parents shall follow all procedures defined by the children's division and its contractors for requesting and using respite care.

              [(2)] (7) Foster parents shall treat all information received from the children's division [of family services] and its contractors about the child and the child's family as confidential. Information necessary for the medical or psychiatric care of the child may be provided to the appropriate practitioners. Foster parents may share information necessary with school personnel in order to secure a safe and appropriate education for the child. Additionally, foster parents [may] shall share information they may learn about the child and the child's family, and concerns that arise in the care of the child, with the caseworker and other members of the child welfare team. Recognizing that placement changes are difficult for children, foster parents shall seek all necessary information, and participate in preplacement visits whenever possible, before deciding whether to accept a child for placement. [Foster parents shall follow all procedures defined by the division of family services for requesting and using respite care.]

              3. (1) Foster parents shall make decisions about the daily living concerns of the child, and shall be permitted to continue the practice of their own family values and routines while respecting the child's cultural heritage. All discipline shall be consistent with state laws and regulations. The children's division [of family services] shall allow foster parents to help plan visitation between the child and the child's siblings or biological family. Visitations should be scheduled at a time that meets the needs of the child, the biological family members, and the foster family whenever possible. Recognizing that visitation with family members is an important right of children in foster care, foster parents shall be flexible and cooperative with regard to family visits.

              (2) Foster parents shall provide care that is respectful of the child's cultural identity and needs. Recognizing that cultural competence can be learned, the children's division and their contractors shall provide foster parents with training that specifically addresses cultural needs of children, including but not limited to, information on skin and hair care, information on any specific religious or cultural practices of the child's biological family, and referrals to community resources for ongoing education and support.

              (3) Foster parents shall recognize that the purpose of discipline is to teach and direct the behavior of the child, and ensure that it is administered in a humane and sensitive manner. [Recognizing that visitation with family members is an important right, foster parents shall be flexible and cooperative in regard to family visits.] Foster parents shall use discipline methods which are consistent with children's division policy.

              4. (1) Consistent with state laws and regulations, the [state may] children's division and its contractors shall provide, upon request by the foster parents, information about a child's progress after the child leaves foster care.

              (2) Except in emergencies, foster parents shall be given two weeks advance notice [consistent with division policy,] and a written statement of the reasons before a child is removed from their care. When requesting removal of a child from their home, foster parents shall give two weeks advance notice, consistent with division policy, to the child's caseworker, except in emergency situations.

              (3) Recognizing the critical nature of attachment for children, if a child reenters the foster care system and cannot be placed in a relative home, the child's former foster parents shall be [considered as a placement option] given first consideration for placement of the child.

              (4) If a child becomes free for adoption while in foster care, the child's foster family shall be given preferential consideration as adoptive parents consistent with section 453.070, RSMo.

              [(2)] (5) [Confidentiality rights of the child and the child's parents shall be respected and maintained. Foster parents shall inform the child's caseworker of their interest if a child reenters the system.] If a foster child becomes free for adoption and the foster parents desire to adopt the child, they shall inform the caseworker [in a timely manner] within sixty days of the caseworker's initial query. If they do not choose to pursue adoption, foster parents shall make every effort to support and encourage the child's placement in a permanent home, including but not limited to providing information on the history and care needs of the child and accommodating transitional visitation. [When requesting removal of a child from their home, foster parents shall give reasonable advance notice, consistent with division policy, to the child's caseworker, except in emergency situations.]

              5. (1) Foster parents shall be informed by the court [in a timely manner] no later than two weeks prior of all court hearings pertaining to a child in their care, and informed of their right to attend and participate, consistent with section 211.464, RSMo.

              [(2) Foster parents shall share any concerns regarding the case plan for a child in their care with the child's caseworker, as well as other members of the child welfare team, in a timely manner.]

              6. The children's division and their contractors shall provide access to a fair and impartial grievance process to address licensure, case management decisions, and delivery of service issues. Foster parents shall have timely access to the child placement agency's appeals process, and shall be free from acts of retaliation when exercising the right to appeal.

              7. The children's division and their contractors shall provide training to foster parents on the policies and procedures governing the licensure of foster homes, the provision of foster care, and the adoption process. Foster parents shall, upon request, be provided with written documentation of the policies of the children's division and their contractors [know and follow the policies of the division of family services, including the appeals procedure]. Per licensure requirements, foster parents shall comply with the policies of the child placement agency.

              8. For purposes of this section, "foster parent" means a resource family providing care of children in state custody.”; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Sander offered House Amendment No. 1 to House Amendment No. 1.

            House Amendment No. 1 to House Amendment No. 1 was withdrawn.

            Representative Donnelly offered House Amendment No. 2 to House Amendment No. 1.

House Amendment No. 2

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for Senate Bill No. 25, Page 4, Line 17, by deleting the words "cannot be" and replacing with "is not".

            On motion of Representative Donnelly, House Amendment No. 2 to House Amendment No. 1 was adopted.

            Representative Sander offered House Amendment No. 3 to House Amendment No. 1.

House Amendment No. 3

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for Senate Bill No. 25, Page 2, Section 210.566, Line 6, by deleting the opening bracket "[" after the word "division"; and

              Further amend said amendment, Page 2, Line 7, by deleting the closing bracket "]" after the word "services"; and 

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            On motion of Representative Sander, House Amendment No. 3 to House Amendment No. 1 was adopted.

            On motion of Representative Franz, House Amendment No. 1, as amended, was adopted.

            Representative Baker (123) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Bill No. 25, Section 210.183, Page 7, by inserting after all of said section the following:

              "452.340. 1. In a proceeding for dissolution of marriage, legal separation or child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the support of the child, including an award retroactive to the date of filing the petition, without regard to marital misconduct, after considering all relevant factors including:

              (1) The financial needs and resources of the child;

              (2) The financial resources and needs of the parents;

              (3) The standard of living the child would have enjoyed had the marriage not been dissolved;

              (4) The physical and emotional condition of the child, and the child's educational needs;

              (5) The child's physical and legal custody arrangements, including the amount of time the child spends with each parent and the reasonable expenses associated with the custody or visitation arrangements; and

              (6) The reasonable work-related child care expenses of each parent.

              2. The obligation of the parent ordered to make support payments shall abate, in whole or in part, for such periods of time in excess of thirty consecutive days that the other parent has voluntarily relinquished physical custody of a child to the parent ordered to pay child support, notwithstanding any periods of visitation or temporary physical and legal or physical or legal custody pursuant to a judgment of dissolution or legal separation or any modification thereof. In a IV-D case, the family support division [of child support enforcement] may determine the amount of the abatement pursuant to this subsection for any child support order and shall record the amount of abatement in the automated child support system record established pursuant to chapter 454, RSMo. If the case is not a IV-D case and upon court order, the circuit clerk shall record the amount of abatement in the automated child support system record established in chapter 454, RSMo.

              3. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child:

              (1) Dies;

              (2) Marries;

              (3) Enters active duty in the military;

              (4) Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent;

              (5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply; or

              (6) Reaches age [twenty-two] twenty-one, unless the provisions of the child support order specifically extend the parental support order past the child's [twenty-second] twenty-first birthday for reasons provided by subsection 4 of this section.

              4. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday.

              5. If when a child reaches age eighteen, the child is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and progresses toward completion of said program, until the child completes such program or reaches age twenty-one, whichever first occurs. If the child is enrolled in an institution of vocational or higher education not later than October first following graduation from a secondary school or completion of a graduation equivalence degree program and so long as the child enrolls for and completes at least twelve hours of credit each semester, not including the summer semester, at an institution of vocational or higher education and achieves grades sufficient to reenroll at such institution, the parental support obligation shall continue until the child completes his or her education, or until the child reaches the age of [twenty-two] twenty-one, whichever first occurs. To remain eligible for such continued parental support, at the beginning of each semester the child shall submit to each parent a transcript or similar official document provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and an official document from the institution listing the courses which the child is enrolled in for the upcoming term and the number of credits for each such course. When enrolled in at least twelve credit hours, if the child receives two failing grades in any one semester, payment of child support may be terminated and shall not be eligible for reinstatement. If the child fails to produce the required documents, payment of child support may terminate without the accrual of any child support arrearage and shall not be eligible for reinstatement. If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment required by this subsection. [If the child has pursued a path of continuous attendance and has demonstrated evidence of a plan to continue to do so, the court may enter a judgment abating support for a period of up to five months for any semester in which the child completes at least six but less than twelve credit hours; however, such five-month period of abatement shall only be granted one time for each child.] If the child is enrolled in such an institution, the child or parent obligated to pay support may petition the court to amend the order to direct the obligated parent to make the payments directly to the child. As used in this section, an "institution of vocational education" means any postsecondary training or schooling for which the student is assessed a fee and attends classes regularly. "Higher education" means any junior college, community college, college, or university at which the child attends classes regularly. A child who has been diagnosed with a [learning] developmental disability, as defined in section 630.005, RSMo, or whose physical disability or diagnosed health problem limits the child's ability to carry the number of credit hours prescribed in this subsection, shall remain eligible for child support so long as such child is enrolled in and attending an institution of vocational or higher education, and the child continues to meet the other requirements of this subsection. However, a parent who has a child diagnosed after age eighteen with a developmental or physical disability or diagnosed health care problem shall not be required to pay support after age twenty-one. Diagnosis prior to or after age eighteen shall be completed by two licensed physicians, one selected by each parent. Both physicians shall be in agreement for the diagnosis to be considered in the child support case. If a diagnosis of a developmental or physical disability or health care problem occurs prior to the dissolution of the marriage between a child's parents, then the original diagnosis made by a licensed physician prior to the dissolution of marriage will be sufficient for the diagnosis to be considered in the child support case. A child who is employed at least fifteen hours per week during the semester may take as few as nine credit hours per semester and remain eligible for child support so long as all other requirements of this subsection are complied with.

              6. The court shall consider ordering a parent to waive the right to claim the tax dependency exemption for a child enrolled in an institution of vocational or higher education in favor of the other parent if the application of state and federal tax laws and eligibility for financial aid will make an award of the exemption to the other parent appropriate.               7. The general assembly finds and declares that it is the public policy of this state that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child except for cases where the court specifically finds that such contact is not in the best interest of the child. In order to effectuate this public policy, a court with jurisdiction shall enforce visitation, custody and child support orders in the same manner. A court with jurisdiction may abate, in whole or in part, any past or future obligation of support and may transfer the physical and legal or physical or legal custody of one or more children if it finds that a parent has, without good cause, failed to provide visitation or physical and legal or physical or legal custody to the other parent pursuant to the terms of a judgment of dissolution, legal separation or modifications thereof. The court shall also award, if requested and for good cause shown, reasonable expenses, attorney's fees and court costs incurred by the prevailing party.

              8. The Missouri supreme court shall have in effect a rule establishing guidelines by which any award of child support shall be made in any judicial or administrative proceeding. Said guidelines shall contain specific, descriptive and numeric criteria which will result in a computation of the support obligation. The guidelines shall address how the amount of child support shall be calculated when an award of joint physical custody results in the child or children spending substantially equal time with both parents. [Not later than October 1, 1998,] The Missouri supreme court shall publish child support guidelines and specifically list and explain the relevant factors and assumptions that were used to calculate the child support guidelines. Any rule made pursuant to this subsection shall be reviewed by the promulgating body not less than once every four years to ensure that its application results in the determination of appropriate child support award amounts.

              9. There shall be a rebuttable presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of the guidelines established pursuant to subsection 8 of this section is the correct amount of child support to be awarded. A written finding or specific finding on the record in a judicial or administrative proceeding that the application of the guidelines would be unjust or inappropriate in a particular case, after considering all relevant factors, including the factors set out in subsection 1 of this section, is required if requested by a party and shall be sufficient to rebut the presumption in the case. The written finding or specific finding on the record shall detail the specific relevant factors that required a deviation from the application of the guidelines.

              10. Pursuant to this or any other chapter, when a court determines the amount owed by a parent for support provided to a child by another person, other than a parent, prior to the date of filing of a petition requesting support, or when the director of the family support division [of child support enforcement] establishes the amount of state debt due pursuant to subdivision (2) of subsection 1 of section 454.465, RSMo, the court or director shall use the guidelines established pursuant to subsection 8 of this section. The amount of child support resulting from the application of the guidelines shall be applied retroactively for a period prior to the establishment of a support order and the length of the period of retroactivity shall be left to the discretion of the court or director. There shall be a rebuttable presumption that the amount resulting from application of the guidelines under subsection 8 of this section constitutes the amount owed by the parent for the period prior to the date of the filing of the petition for support or the period for which state debt is being established. In applying the guidelines to determine a retroactive support amount, when information as to average monthly income is available, the court or director may use the average monthly income of the noncustodial parent, as averaged over the period of retroactivity, in determining the amount of presumed child support owed for the period of retroactivity. The court or director may enter a different amount in a particular case upon finding, after consideration of all relevant factors, including the factors set out in subsection 1 of this section, that there is sufficient cause to rebut the presumed amount.

              11. The obligation of a parent to make child support payments may be terminated as follows:

              (1) Provided that the child support order contains the child's date of birth, the obligation shall be deemed terminated without further judicial or administrative process when the child reaches age [twenty-two] twenty-one if the child support order does not specifically require payment of child support beyond age [twenty-two] twenty-one for reasons provided by subsection 4 of this section;

              (2) The obligation shall be deemed terminated without further judicial or administrative process when the parent receiving child support furnishes a sworn statement or affidavit notifying the obligor parent of the child's emancipation in accordance with the requirements of subsection 4 of section 452.370, and a copy of such sworn statement or affidavit is filed with the court which entered the order establishing the child support obligation, or the division of child support enforcement;

              (3) The obligation shall be deemed terminated without further judicial or administrative process when the parent paying child support files a sworn statement or affidavit with the court which entered the order establishing the child support obligation, or the family support division [of child support enforcement], stating that the child is emancipated and reciting the factual basis for such statement; which statement or affidavit is served by the court or division on the child support obligee; and which is either acknowledged and affirmed by the child support obligee in writing, or which is not responded to in writing within thirty days of receipt by the child support obligee;

              (4) The obligation shall be terminated as provided by this subdivision by the court which entered the order establishing the child support obligation, or the family support division [of child support enforcement], when the parent paying child support files a sworn statement or affidavit with the court which entered the order establishing the child support obligation, or the family support division [of child support enforcement], stating that the child is emancipated and reciting the factual basis for such statement; and which statement or affidavit is served by the court or division on the child support obligee. If the obligee denies the statement or affidavit, the court or division shall thereupon treat the sworn statement or affidavit as a motion to modify the support obligation pursuant to section 452.370 or section 454.496, RSMo, and shall proceed to hear and adjudicate such motion as provided by law; provided that the court may require the payment of a deposit as security for court costs and any accrued court costs, as provided by law, in relation to such motion to modify.

              12. The court may enter a judgment terminating child support pursuant to subdivisions (1) to (3) of subsection 11 of this section without necessity of a court appearance by either party. The clerk of the court shall mail a copy of a judgment terminating child support entered pursuant to subsection 11 of this section on both the obligor and obligee parents. The supreme court may promulgate uniform forms for sworn statements and affidavits to terminate orders of child support obligations for use pursuant to subsection 11 of this section and subsection 4 of section 452.370."; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Lampe raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

            Representative Jones (89) requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order not well taken.

            HCS SB 25, as amended, with House Amendment No. 2, pending, was laid over.

            HCS SCS SB 64, relating to elementary and secondary education, was again taken up by Representative Wallace.

            Representative Haywood offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 64, Page 2, Section 160.041, Line 13, by adding after all of said line the following:

              "160.053. 1. If a school district maintains a kindergarten program, a child is eligible for admission to kindergarten and to the summer school session immediately preceding kindergarten, if offered, if the child reaches the age of five before the first day of August of the school year beginning in that calendar year. A child is eligible for admission to first grade if the child reaches the age of six before the first day of August of the school year beginning in that calendar year. The parent or guardian of a child born on August first through October thirty-first may request the district to test the child for school readiness under subsection 5 of this section.

              2. Any kindergarten or grade one pupil beginning the school term and any pupil beginning summer school prior to a kindergarten school term in a metropolitan school district or an urban school district containing the greater part of the population of a city which has more than three hundred thousand inhabitants pursuant to section 160.054 or 160.055 and subsequently transferring to another school district in this state in which the child's birth date would preclude such child's eligibility for entrance shall be deemed eligible for attendance and shall not be required to meet the minimum age requirements. The receiving school district shall receive state aid for the child, notwithstanding the provisions of section 160.051.

              3. Any child who completes the kindergarten year shall not be required to meet the age requirements of a district for entrance into grade one.

              4. The provisions of this section relating to kindergarten instruction and state aid therefor, shall not apply during any particular school year to those districts which do not provide kindergarten classes that year.

              5. The department of elementary and secondary education shall develop a list of approved assessments to determine a child's cognitive and social readiness to begin kindergarten and first grade. When the parent or guardian of any child born on August first through October thirty-first requests the district to test the child for school readiness, if the child achieves a score that district policy has determined to be at or above the minimum needed for school readiness for kindergarten or first grade, as applicable, the child shall be admitted."; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            On motion of Representative Haywood, House Amendment No. 3 was adopted.

            Representative Muschany offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 64, Pages 3 and 4, Section 167.128, Lines 30 to 33, by deleting all of such lines and inserting in lieu thereof the following:

              "(b) Be reimbursed through the local school district for the full cost of education services provided to children placed in their care by the department of social services as allowed by law in accordance with the availability of funds from such sources as basic state aid, local district bill-back, and excess cost reimbursement, as well as other possible sources. The local school district shall make all needed requests and applications for such reimbursement."; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Robb offered House Substitute Amendment No. 1 for House Amendment No. 4.

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 64, Pages 3 to 5, Section 167.128, Lines 1 to 101, by deleting after all of said lines and inserting in lieu thereof the following:

              "167.128. 1. The educational needs of each child under the jurisdiction of the juvenile court or family court under subdivisions (1), (2), or (5) of subsection 1 of section 211.031, RSMo, shall be considered as part of the function of the child's family support team pursuant to policy of the department of social services. Such needs shall include, but not be limited to, the assumption that regular full school days of education are warranted. For the purposes of this section, "full school day" shall mean six hours in which the child is under the guidance and direction of teachers in the education process. The local school district shall be invited to have representation on the child's family support team. If the school district designates a representative, the representative shall be a full participant in the family support team.

              2. Nothing in this section shall be construed to infringe upon the rights or due process provisions of the federal Individuals with Disabilities Education Act. Nothing in this section shall be construed to impede the ability of the family support team or the facility staff from making a referral for special education services, if appropriate, when a child is placed in a facility described in this section without an individualized education program or without a pending referral for such services. If a child is referred for such services, the provisions of the Individuals with Disabilities Education Act shall apply and control while the referral is pending and through the evaluation process, including provisions for educational decision-makers and educational surrogates. Nothing in this section shall be construed to deny any child domiciled in Missouri appropriate and necessary free public education services.

              3. When the department of social services by contract places a child for treatment in a licensed residential care facility setting for children as defined in section 210.481, RSMo, such facility shall be responsible for the educational needs of the child if the child at the time of placement does not have an individualized education program or a pending referral for special education services under sections 162.670 to 162.999, RSMo.

              (1) Such facilities operating an on-site school for which they hire their own education staff shall:

              (a) Provide, on site at such facility , a full school day of education for each child placed in such facility by the department of social services unless the child's plan of treatment and care supports his or her ability to attend public school; and

              (b) Be reimbursed by the local school district for the cost of education services provided to children placed in their care by the department of social services, as approved by the department of elementary and secondary education, when the facility provides education services. The local school district shall be compensated under section 167.126 for such education services.

No child placed in the facilities for treatment described in this subdivision shall be considered by the local school district as homebound for purposes of education unless the family support team under subsection 1 of this section has approved homebound instruction. A full school day of education shall be provided unless fewer hours of instruction per day are approved by the family support team under subsection 1 of this section. Nothing in this subsection shall create an obligation for a licensed residential care facility to have on-site classrooms, to operate an on-site school, or to hire its own education staff.

              (2) When such facilities have on-site classrooms but do not hire their own education staff, the local school district:

              (a) Shall provide, on site at such facility or at an alternative location agreed upon pursuant to subsection 6 of this section, a full school day of education for each child placed in such facility for care by the department of social services unless the child's plan of treatment and care supports his or her ability to attend public school;

              (b) Shall be compensated under section 167.126 for such education services as approved by the department of elementary and secondary education; and

              (c) May consider such education services as homebound instruction but shall provide each homebound child with a full school day of education unless fewer hours of instruction per day are approved by the family support team under subsection 1 of this section.

Nothing in this subdivision shall create an obligation for a licensed residential care facility to have on-site classrooms, to operate an on-site school, or to hire its own education staff.

              (3) When such facilities do not operate an on-site school or have on-site classrooms, the local school district shall:

              (a) Provide a full school day of education for each child placed in such facility for care by the department of social services; and

              (b) Be compensated for such education services under section 167.126, as approved by the department of elementary and secondary education.

If the child's behavior or plan of treatment and care does not support the child's being educated in a regular education class, education services shall be provided in an alternative setting approved by the family support team under subsection 1 of this section. A full school day of education shall be provided unless fewer hours of instruction per day are approved by the family support team under subsection 1 of this section. Nothing in this subdivision shall create an obligation for a licensed residential care facility to have on-site classrooms, to operate an on-site school, or to hire its own education staff.

              4. Notwithstanding any other provision of law, a child placed for treatment by the department of social services in a licensed residential care facility setting for children as defined in section 210.481, RSMo, who does not have an individualized education program for special education services or a pending referral for such services under sections 162.670 to 162.999, RSMo, whose plan of treatment and care supports his or her ability to attend public school but who is then suspended or otherwise demonstrates school failure based on behavior or academic performance shall then be provided a full school day of education according to subsection 3 of this section.

              5. Nothing in this section shall prevent a licensed residential care facility setting for children as defined in section 210.481, RSMo, from contracting with school districts for education services. Nothing in this section shall prevent a school district from contracting with a licensed residential care facility setting for children as defined in section 210.481, RSMo, for education services.

              6. (1) Any residential treatment facility public school district shall work with the district and develop an educational plan that describes in general how and where educational services will be provided to school-aged residents of the treatment facility under a variety of possible circumstances. The educational plan shall be developed jointly by the appropriate staff of both the treatment facility and the public school district, and the plan shall be signed annually by the administration of both parties verifying their support for the plan.

              (2) It is the intent that the educational plan follow the provisions of this section, but treatment facilities and school districts may develop provisions for educational services not included in this section if both parties agree on the provisions and if the provisions offer a full-day educational program for the students involved.

              (3) It is understood as a condition of the plan that both the treatment facility and school district shall be fully reimbursed, as allowed by law in accordance with the availability of funds, for their portions of the cost of providing educational services through such sources as basic state aid, local district bill-back, and excess cost reimbursement, as well as other possible sources and that a school district shall not be required to provide more total reimbursement to a treatment facility than it receives from all such sources. The local school district shall make all needed requests and applications for such reimbursement.

              (4) Each treatment facility and school district shall furnish a signed copy of their educational plan to the department of elementary and secondary education and to the department of social services no later than June 1 of each year.

              (5) If the treatment facility and the school district cannot reach an agreement on the education plan under this subsection, the differences shall be resolved by an arbitration panel made up of one representative from the department of elementary and secondary education, one representative from the children's division of the department of social services, and one person appointed by the governor every three years, with the advice and consent of the senate, serving at the pleasure of the governor. A final decision shall be made by August 15. Costs for the arbitration panel shall be shared equally by the treatment facility and the school district."; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Baker (123) offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 4.

House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Substitute Amendment No. 1 for House Amendment No. 4 to House Committee Substitute for Senate Committee Substitute for Senate Bill No. 64, Page 1, Line 1 of said amendment, by inserting immediately before said line the following:

              'AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 64, Page 3, Section 161.375, Line 34, by inserting of the following:

              "167.121. 1. If the residence of a pupil is so located that attendance in the district of residence constitutes an unusual or unreasonable transportation hardship because of natural barriers, travel time, or distance, the commissioner of education or his designee may assign the pupil to another district. Subject to the provisions of this section, all existing assignments shall be reviewed prior to July 1, 1984, and from time to time thereafter, and may be continued or rescinded. The board of education of the district in which the pupil lives shall pay the tuition of the pupil assigned. The tuition shall not exceed the pro rata cost of instruction.

              2. (1) For the school year beginning July 1, 2008, and each succeeding school year, a parent or guardian residing in a lapsed public school district or a district that has scored unaccredited on two consecutive annual performance reports or provisionally accredited in two consecutive annual performance reports may enroll the parent's or guardian's child in the Missouri virtual school created in section 161.670, RSMo.

              (2) A pupil's residence, for purposes of this section, means residency established under section 167.020, RSMo. Except for students residing in a K-8 district attending high school in a district under section 167.131, RSMo, the board of the home district shall pay to the virtual school the amount required under section 161.670, RSMo.

              (3) Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void."; and

              Further'; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            Speaker Jetton resumed the Chair.

            On motion of Representative Baker (123), House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 4 was adopted.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote: