Missouri Statute | Act | Code |Education And Libraries| US Code - US Statute | Chapter 161 State Department Of Elementary And Secondary Education

1. There is hereby created a department of elementary and
secondary education headed by a state board of education as provided in
article IX, Constitution of Missouri, and chapter 161 and others. The
state board shall appoint a commissioner of education as the chief
administrative officer of the department.

2. The department of education, chapter 161 and others, is abolished and
its powers, duties, personnel and property are transferred as provided in
this act**.

3. The division of public schools of the department of education, chapter
161 and others, is abolished and its powers, duties, personnel and
property, with exceptions specified elsewhere in this act**, are
transferred by type I transfer to the department of elementary and
secondary education.

4. The Missouri School for the Deaf, chapter 178, RSMo, and others, and
the Missouri School for the Blind, chapter 178, RSMo, and others, are
transferred to the department of elementary and secondary education by a
type I transfer. The commissioner of education shall appoint
superintendents for these schools and members of the advisory boards,
provided in chapter 178, RSMo, and others. (L. 1973 1st Ex. Sess. S.B. 1
§ 5)

Effective 5-2-74

*Transferred 1986; formerly section 5 Reorganization Act 1974

**"This act" refers to the Reorganization Act 1974.

1. The state board of education consists of eight lay members
appointed by the governor, by and with the advice and consent of the
senate, after an open committee hearing. The term of office of each
member is eight years. At the expiration of the term of each member, the
governor, by and with the advice and consent of the senate, shall appoint
a successor. If the general assembly is not in session at the time for
making an appointment, the governor shall make a temporary appointment as
in the case of a vacancy.

2. No member may be removed by the governor except after written notice
and hearing on charges of malfeasance, misfeasance, or nonfeasance in
office.

3. Each member of the board shall receive as compensation for his
services twenty-five dollars for each day actually spent in attendance at
board meetings, and in addition shall be reimbursed for all necessary
expenses incurred in the performance of his duties as a member of the
board. (L. 1963 p. 200 § 2-2, A.L. 1967 p. 236)

(Source: RSMo 1959 § 160.020)

The members of the board shall be citizens of high moral
standards and recognized ability in their respective business or
profession, who have resided in the state for not less than five years
immediately preceding their appointment, and not more than one of whom
shall be a resident of the same county or congressional district. At no
time shall more than four members be of the same political party. No
member of the board shall be connected, either as an official or as an
employee, with any public, private, or denominational school, college or
university, nor be the holder of or a candidate for any public office.
(L. 1963 p. 200 § 2-3)

(Source: RSMo 1959 § 160.030)

Each member shall take an oath to support the constitution of
the United States and of this state and to faithfully demean himself in
office. (L. 1963 p. 200 § 2-4)

(Source: RSMo 1959 § 160.040)

Any vacancy occurring in the term of office of any board member
shall be filled by appointment by the governor, by and with the advice
and consent of the senate, for the unexpired term. If a vacancy occurs
while the general assembly is not in session, the governor shall make a
temporary appointment until the next session of the general assembly,
when he shall nominate some person to fill the office. (L. 1963 p. 200 §
2-5)

(Source: RSMo 1959 § 160.050)

The board shall elect one of its members president and one vice
president and may appoint any other officers it deems necessary. The
officers shall serve at the pleasure of the board. (L. 1963 p. 200 § 2-6)

(Source: RSMo 1959 § 160.070)

The state board of education shall meet semiannually in December
and in June in Jefferson City. Other meetings may be called by the
president of the board on five days' written notice to the members. In
the absence of the president, the commissioner of education shall call a
meeting on request of four members of the board, and if both the
president and the commissioner of education are absent or refuse to call
a meeting, any four members of the board may call a meeting by similar
notices in writing. (L. 1963 p. 200 § 2-7, A.L. 1973 H.B. 158)

(Source: RSMo 1959 § 160.060)

Effective: 7-1-74

1. The board may act only when lawfully convened in a regular or
special meeting, and it may speak only through its official records. No
member of the board has any authority as an individual by reason of his
official position.

2. At all meetings of the board five members are necessary to constitute
a quorum for the transaction of business, but no official actions may be
taken unless a majority of the whole board votes therefor. (L. 1963 p.
200 § 2-8)

(Source: RSMo 1959 §§ 160.080, 160.090)

The state board of education shall:

(1) Adopt rules governing its own proceedings and formulate policies for
the guidance of the commissioner of education and the department of
elementary and secondary education;

(2) Carry out the educational policies of the state relating to public
schools that are provided by law and supervise instruction in the public
schools;

(3) Direct the investment of all moneys received by the state to be
applied to the capital of any permanent fund established for the support
of public education within the jurisdiction of the department of
elementary and secondary education and see that the funds are applied to
the branches of educational interest of the state that by grant, gift,
devise or law they were originally intended, and if necessary institute
suit for and collect the funds and return them to their legitimate
channels;

(4) Cause to be assembled information which will reflect continuously the
condition and management of the public schools of the state;

(5) Require of county clerks or treasurers, boards of education or other
school officers, recorders and treasurers of cities, towns and villages,
copies of all records required to be made by them and all other
information in relation to the funds and condition of schools and the
management thereof that is deemed necessary;

(6) Provide blanks suitable for use by officials in reporting the
information required by the board;

(7) When conditions demand, cause the laws relating to schools to be
published in a separate volume, with pertinent notes and comments, for
the guidance of those charged with the execution of the laws;

(8) Grant, without fee except as provided in section 168.021, RSMo,
certificates of qualification and licenses to teach in any of the public
schools of the state, establish requirements therefor, formulate
regulations governing the issuance thereof, and cause the certificates to
be revoked for the reasons and in the manner provided in section 168.071,
RSMo;

(9) Classify the public schools of the state, subject to limitations
provided by law, establish requirements for the schools of each class,
and formulate rules governing the inspection and accreditation of schools
preparatory to classification, with such requirements taking effect not
less than two years from the date of adoption of the proposed rule by the
state board of education, provided that this condition shall not apply to
any requirement for which a time line for adoption is mandated in either
federal or state law;

(10) Make an annual report on or before the first Wednesday after the
first day of January to the general assembly or, when it is not in
session, to the governor for publication and transmission to the general
assembly. The report shall be for the last preceding school year, and
shall include:

(a) A statement of the number of public schools in the state, the number
of pupils attending the schools, their sex, and the branches taught;

(b) A statement of the number of teachers employed, their sex, their
professional training, and their average salary;

(c) A statement of the receipts and disbursements of public school funds
of every description, their sources, and the purposes for which they were
disbursed;

(d) Suggestions for the improvement of public schools; and

(e) Any other information relative to the educational interests of the
state that the law requires or the board deems important;

(11) Make an annual report to the general assembly and the governor
concerning coordination with other agencies and departments of government
that support family literacy programs and other services which influence
educational attainment of children of all ages;

(12) Require from the chief officer of each division of the department of
elementary and secondary education, on or before the thirty-first day of
August of each year, reports containing information the board deems
important and desires for publication;

(13) Cause fifty copies of its annual report to be reserved for the use
of each division of the state department of elementary and secondary
education, and ten copies for preservation in the state library;

(14) Have other powers and duties prescribed by law. (L. 1963 p. 200 §
2-9, A.L. 1973 H.B. 158, A.L. 2002 H.B. 1711, A.L. 2003 S.B. 296)

(Source: RSMo 1959 § 160.090)

CROSS REFERENCES:

List of conforming publishers, RSMo 170.091

Multinational banks, securities and obligations of, investment in, when,
RSMo 409.950

Any person who has not obtained a high school diploma or
certificate of graduation and who is a resident of Missouri or who lives
on a federal reservation within Missouri or who is a member of the armed
forces of the United States stationed in Missouri may become an applicant
for a high school equivalency certificate to be issued by the department
of elementary and secondary education as provided under rules and
regulations adopted by the state board of education. (L. 1977 H.B. 130 §
1)

The department of elementary and secondary education shall
provide for examination of such applicants at least twice each year at
places reasonably convenient for the applicants. The examination shall be
designed to test the applicant's knowledge of subject matter usually
presented in the courses required to be successfully completed by those
graduating from the public high schools of the state. The certificate of
equivalence may also be issued on the basis of test scores certified to
the state board of education by the United States Armed Forces Institute,
or a similar agency approved by the state board of education. (L. 1977
H.B. 130 § 2)

The state board of education may charge an examination fee of
each applicant to cover the cost of administering the program. (L. 1977
H.B. 130 § 3)

1. The state board of education shall establish standards and
procedures by which it will evaluate all teacher training institutions in
this state for the approval of teacher education programs. The state
board of education shall not require teacher training institutions to
meet national or regional accreditation as a part of its standards and
procedures in making those evaluations, but it may accept such
accreditations in lieu of such approval if standards and procedures set
thereby are at least as stringent as those set by the board. The state
board of education's standards and procedures for evaluating teacher
training institutions shall equal or exceed those of national or regional
accrediting associations.

2. Upon approval by the state board of education of the teacher education
program at a particular teacher training institution, any person who
graduates from that program, and who meets other requirements which the
state board of education shall prescribe by rule, regulation and statute
shall be granted a certificate or license to teach in the public schools
of this state. However, no such rule or regulation shall require that the
program from which the person graduates be accredited by any national or
regional accreditation association.

3. Notwithstanding any provision in the law to the contrary, the state
board of education may accredit a graduate law school and any graduate of
such an accredited law school shall be allowed to take the examination
for admission to the bar of Missouri. (L. 1985 S.B. 154 § 1)

Beginning December 15, 1999, and annually by that date in each
following year, the state board of education shall report to the general
assembly on the retention and recruitment of teachers in the state's
schools. The report shall include, but not be limited to, information on
the numbers of teachers entering and leaving employment in the public
schools of the state, analysis of the issues affecting teacher
recruitment, including the need for identifying African-American and
other minority students, including males, who show potential or interest
in becoming a teacher, recruiting such students as prospective teachers,
and methods for providing financial aid to such students, and suggestions
for meeting predicted needs of numbers of teachers and in areas of
certification. (L. 1998 S.B. 781 § 161.220)

Beginning July 1, 1998, when considering the evaluation and
approval of teacher training programs of the state as authorized by
section 161.097, the state board of education shall take into account the
curriculum of the institution containing the teacher training program to
ensure that the curriculum promotes the preparation of teachers to
instruct in and to assess for the knowledge, skills and competencies that
students must demonstrate to successfully move through the public
elementary and secondary education system of the state as determined by
the state board of education and which eventually leads to, or qualifies
a student for, high school graduation. (L. 1993 S.B. 380 § 10)

*Contingent expiration date. See section 143.107.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

1. The Missouri school improvement program or successor
accreditation program shall not use a scoring rubric on performance that
requires a score for parents as teachers; except that, if on review
deficiencies are noted, such deficiencies shall be listed as an area of
concern.

2. The scoring rubric for advanced placement courses in the Missouri
school improvement program or successor accreditation program shall
recognize the difficulty of providing such courses in districts that have
a sparse population. The department of elementary and secondary education
shall develop such a rubric, taking into account population density in
districts and localized teacher shortages in academic specializations,
and differentially rewarding districts for accomplishing delivery of such
courses through electronic media under such circumstances. (L. 2004 S.B.
968 and S.B. 969 § 161.089)

1. The state board of education shall:

(1) Adopt and promulgate rules and regulations deemed necessary to secure
courses in physical education to all pupils and students in all public
schools and in all educational institutions supported in whole or in part
by the state; and*

(2) With the advice and cooperation of the director of the state
department of health and senior services, compile and print a manual of
physical education and health supervision and school nurse service to be
distributed for use by the teachers, supervisors of physical education,
school health supervisors and school nurses of the state.

2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1963 p. 200 § 2-10, A.L.
1993 S.B. 52, A.L. 1995 S.B. 3)

(Source: RSMo 1959 § 163.250)

*Word "and" does not appear in original rolls.

CROSS REFERENCE: Teacher training institutions to provide physical
education courses, RSMo 174.125

1. The state board of education shall provide by rule for a
program of instruction relating to the flag of the United States of
America and instruction in etiquette and in its correct use and display
and such other patriotic exercises as may be expedient. Such instruction,
at a minimum, shall include sections 36 U.S.C. 170 to 177.

2. No rule or portion of a rule promulgated pursuant to the authority of
this section shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1997 H.B. 630 §
1)

The state board of education shall appoint a commissioner of
education as its chief administrative officer. The commissioner shall be
a citizen and resident of the state upon assumption of his or her duties,
and shall possess an educational attainment and breadth of experience in
the administration of public education. The board shall prescribe the
duties of the commissioner and fix the commissioner's compensation, and
may remove the commissioner at its discretion. (L. 1963 p. 200 § 2-11,
A.L. 2001 H.B. 45)

(Source: RSMo 1959 § 160.090)

The commissioner of education shall supervise the department of
elementary and secondary education. Either in person or by deputy, he
shall confer with and advise county and school district officers,
teachers, and patrons of the public schools on all matters pertaining to
the school law; visit and supervise schools, and make suggestions in
regard to the subject matter and methods of instruction, the control and
government of the schools, and the care and keeping of all school
property; attend and assist in meetings of teachers, directors, and
patrons of the public schools; and seek in every way to elevate the
standards and efficiency of the instruction given in the public schools
of the state. (L. 1963 p. 200 § 2-12)

(Source: RSMo 1959 § 160.100)

CROSS REFERENCE: Courses in United States and Missouri constitutions and
in American history required, RSMo 170.011

1. The department of elementary and secondary education includes
the commissioner of education, the members of the professional staff, and
the other employees essential to the efficient operation of the
department.

2. Upon the recommendation of the commissioner the board shall appoint
the members of the professional staff and the other employees and fix
their compensation. (L. 1963 p. 200 § 2-13)

(Source: RSMo 1959 §§ 160.090, 160.110, 160.120)

The headquarters of the department of elementary and secondary
education shall be at the seat of government, where office space suitable
and adequate for the work of the department shall be provided by the
appropriate state agency. The records of the state board of education and
the records, papers, and books belonging to the department of elementary
and secondary education shall be kept there in charge of the state
commissioner of education. (L. 1963 p. 200 § 2-14)

(Source: RSMo 1959 § 160.130)

The state board of education shall establish a section of
district reorganization. The state board, through the section of district
reorganization, shall advise and, upon request by any county board of
education, cooperate with the various county boards of education in
making plans for the enlargement and reorganization of school districts
throughout the state and shall provide the technical and advisory
assistance in connection therewith that, in the discretion of the board,
will promote efficiency in school administration and the improvement of
educational opportunities for the school children of the state. (L. 1963
p. 200 § 2-15)

(Source: RSMo 1959 § 160.140)

CROSS REFERENCE: State board duty to establish section of district
reorganization, RSMo 162.152

1. The state board of education shall establish a section of
special education within the department of elementary and secondary
education. "Special education" includes all schools and classes
pertaining to the exceptional child.

2. The board shall appoint, upon the recommendation of the state
commissioner, a director to head the section of special education. The
board shall define his duties and fix his compensation. (L. 1963 p. 200 §
2-16)

(Source: RSMo 1959 § 177.010)

The state board of education shall employ a director,
inspectors, and other employees for the purpose of complying with the
acts of Congress pertaining to the training of returning war veterans,
the inspection and listing of the educational and training institutions
(including industrial establishments) within the state which are
qualified and equipped to furnish education and training (including
apprenticeships and refresher and retraining training) for returning
veterans, and to the education of war orphans. (L. 1963 p. 200 § 2-17)

(Source: RSMo 1959 § 160.150)

1. The state board of education shall enter into an agreement on
behalf of the state with the Secretary of the United States Department of
Health, Education and Welfare to carry out the provisions of the Federal
Social Security Act, as amended, (42 U.S.C.A. 301 et seq.) relating to
the making of determinations of disability under such act.

2. All moneys paid by the federal government to the state to carry out
the agreement referred to in subsection 1 shall be deposited in the state
treasury to the credit of a special fund to be known as the "Disability
Freeze Fund", which is hereby created. All moneys in the fund shall be
disbursed on warrants issued in accordance with requisitions of the state
board of education. (L. 1963 p. 200 § 2-18, A.L. 1973 H.B. 502)

Effective 6-14-73

The department of elementary and secondary education shall be
prohibited from establishing policies, creating projects, or in any way
supplying resources to assist in the placement on high school diplomas
any student's attendance records, grades, class rank or other information
which was not previously placed on such diplomas made, printed or issued
for students graduating in the 1988-89 school year. (L. 1990 S.B. 740 §
30)

1. As used in this section, the word "council" means the state
council on vocational education assigned to the department of elementary
and secondary education by executive orders 85-3 and 85-5 in 1985.

2. The council shall provide to the department of economic development,
the education committees of the house of representatives and the senate,
and the appropriations committees of the house of representatives and the
senate copies of all reports which the council is required to submit or
does submit to the state board of education, the governor, the state job
training coordinating council, the secretary of education and the
secretary of labor, or any of the above. (L. 1990 S.B. 470 § 1)

1. The department of corrections, in cooperation with the
department of elementary and secondary education, shall prepare a film or
videotape which relates to Missouri prisons and which specifically
addresses prison conditions, young offenders and the liberties that are
lost as a result of imprisonment. Funding for the film may be made from
appropriations requested by the department of elementary and secondary
education and approved by the Missouri general assembly from funding
received from federal or private grants or donations received from
private individuals or groups. No funding shall come from general revenue.

2. The department of elementary and secondary education shall promulgate
rules and regulations to provide for the viewing of the film, prepared
pursuant to subsection 1 of this section. Such rules and regulations
shall attempt to make available such video or film to all districts
requesting it, and require viewing by all status offenders or students
convicted of misdemeanors, excluding traffic violations. (L. 1992 S.B.
540 §§ 2, 3)

The department of elementary and secondary education shall
furnish a legislative summary of all changes in juvenile law enacted
during the 1995 regular session of the general assembly and distribute it
to all schools within the state of Missouri. All schools receiving state
aid shall announce the contents of the summary to each student on the
first day of class in the 1995-96 school year. (L. 1995 H.B. 174, et al.
§ 8)

The department of elementary and secondary education has an
affirmative duty to seek comment on its rules, regulations, and policies
after their final approval or implementation. The department shall
undertake such review on existing rules, regulations, and policies on an
ad hoc, periodic basis with a priority given to such rules, regulations,
and policies that could successfully be revised without affecting student
achievement to accommodate periods when there is no increase in the
appropriation for basic state aid funding pursuant to section 163.031,
RSMo, from one fiscal year to the next or when withholdings of
appropriated funds result in a situation equivalent to no increase in
such appropriation. (L. 2004 S.B. 968 and S.B. 969)

1. Notwithstanding any provision of law to the contrary, the
state board of education is hereby granted authority to waive or modify
any administrative rule adopted by the state board or policy implemented
by the department of elementary and secondary education. School districts
may submit applications for a waiver or modification authorized pursuant
to this section. Each application shall include a written request by the
school district or school districts and shall demonstrate that the intent
of the rule or policy can be addressed in a more effective, efficient or
economical manner or that the waiver or modification is necessary to
implement a specific plan for improved student performance and school
improvement. Prior to an application for waiver, the school district
shall hold a public hearing regarding such waiver.

2. The state board of education may grant waivers or modifications for a
school district or school districts that successfully demonstrate the
ability to address the intent of the rule or policy in a more effective,
efficient or economical manner or when the waivers or modifications are
demonstrated to be necessary to stimulate innovation or improve student
performance, provided that the waiver or modification is based upon sound
educational practices, does not endanger the health and safety of
students or staff, and does not compromise equal opportunity for
learning. Approved waivers or modifications shall remain in effect for a
period not to exceed three school years and may be renewed by the state
board of education upon application by the school district or school
districts.

3. This section shall not be construed to allow the state board of
education to authorize the waiver of any statutory requirements relating
to teacher certification or teacher tenure. (L. 1996 H.B. 1301 & 1298 §
12)

1. Subject to appropriation from general revenue, the department
of elementary and secondary education shall provide grants to assist
local public school districts, community-based organizations and
nonprofit agencies, including resettlement programs, to provide
instruction in the English language to individuals residing in the
community or district who have language background other than English and
who need assistance in learning English. Preference in grants shall be
given to communities and districts demonstrating the most need.

2. Services provided through the grants authorized in this section shall
be offered at times and locations designed to best assure access to the
services and may include the provision of services at the individual's
home, refugee resettlement center, community centers, adult basic
education offices, schools, and other places where such individuals
congregate.

3. An entity accepting a grant under this section shall not discriminate
in the provision of English language services on the grounds of the
individual's race, color, religion, gender, age or national origin. Such
entity shall not discriminate against a child based upon the nature of
the child's school. Any entity accepting a grant under this section may
provide English language instruction to individuals of one specific
language background.

4. As funds are appropriated by the Missouri general assembly, the
department of elementary and secondary education shall implement classes
and provide instructional material for all age groups to assist
individuals who are not proficient in the English language. (L. 1998 S.B.
583 & 645 § 3)

Subject to appropriation from general revenue, the department of
elementary and secondary education shall provide technical assistance and
educational materials, upon request, to public elementary and secondary
schools teaching a foreign language to students. (L. 1998 S.B. 583 & 645
§ 6)

1. The adult basic education programs administered by the
department of elementary and secondary education shall include the
provision of English language services to nonnative speakers who need
assistance in learning English.

2. The local entity designated by the department of elementary and
secondary education to offer adult basic education shall seek the
assistance of local political subdivisions, community-based agencies and
organizations, migrant worker groups, refugee resettlement programs,
schools, churches and others in making nonnative speakers aware of the
availability of English language services.

3. English language services provided through the adult basic education
programs of the department of elementary and secondary education may
include family and home-based curriculum and programs designed to enhance
the English fluency of all family members and may include programs
whereby family members teach each other the English language. (L. 1998
S.B. 583 & 645 § 2)

1. Beginning July 1, 2001, the department of elementary and
secondary education shall provide a four-year competitive grant program
to fund, or defray the cost of, establishment or expansion of student
suicide prevention programs. Such programs may also include teacher and
administrator training in suicide prevention programs. Such programs may
be operated at the district or building level and, if operated, shall be
operated at a public elementary or secondary school of this state.

2. Prior to July 1, 2001, the department of elementary and secondary
education shall promulgate rules including but not limited to eligibility
criteria, how applicant priority is established, the manner in which
grant funds may or may not be used, proposed methods and documents of
cooperation with the host school or school district in the case of
nonschool applicants pursuant to subsection 3 of this section, and the
form of grant applications.

3. Grants for the establishment or expansion of student suicide
prevention programs may be applied for by either public schools, school
districts, political subdivisions, corporations registered pursuant to
the laws of this state, partnerships registered pursuant to the laws of
this state or not-for-profit corporations as that term is defined in
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. In
the case of applicants other than schools or school districts, such
applicants shall accompany the grant application with a document of
cooperation, approved by the department and signed by either the
principal of a public school or by the superintendent of a school
district, stating that the school or district shall furnish space and
time for such program and stating the manner in which such program will
be made available to its students.

4. In its grant application the school, school district, political
subdivision, corporation, partnership or not-for-profit corporation shall
describe any current or any proposed suicide prevention program, show a
need for an improved suicide prevention program in the case of an
existing program, and explain how it proposes to implement or improve its
program with grant funds.

5. The grantee pursuant to this section shall make a report on its
suicide prevention program after the second year of the grant to receive
funds for years three and four. As part of the mid-grant progress report,
the grantee shall report the progress of the program's development, as
evidenced by the program's compliance with the original stated goals of
the program. The department shall develop rules to determine compliance
pursuant to this subsection, allowing for flexibility in application to
varying grant projects but supplying rigorous standards so that
compliance is measurable and meaningful in the context of the individual
grant project.

6. Grants are renewable for an additional four-year term, based in part
upon the results of the first grant.

7. Grants shall be distributed in equal amounts within geographic areas
established proportionately based upon student population; provided that,
funds may be reallocated by the department if an area has insufficient
applications or insufficient eligible applications to obligate all funds
for the area.

8. 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,
2000, shall be invalid and void. (L. 2000 S.B. 944 § 1)

1. As used in sections 161.400 to 161.405, the term "commission"
means the Missouri commission for the deaf and hard of hearing.

2. There is hereby established within the department of elementary and
secondary education a commission, to be known as the "Missouri Commission
for the Deaf and Hard of Hearing", which shall be composed of nine
members. Each member shall be appointed by the governor for a term of
three years, except that, of the members first appointed, three shall be
appointed for a term of three years, three for a term of two years and
three for a term of one year. Of the members appointed, two shall be deaf
or hard of hearing, one shall be a parent of a deaf or hard of hearing
child, one shall be a representative of an organization representing the
interests of the deaf or hard of hearing, one shall be a representative
of the Missouri School for the Deaf or the department of elementary and
secondary education, one shall be an interpreter for the deaf, one shall
be a representative of the business community, one shall be a
representative of local public school administration and one shall be a
professional from one of the following fields: audiology, psychology,
speech pathology, mental health or medicine. No person shall be eligible
to serve more than two successive terms, except that a person appointed
to fill a vacancy may serve two additional successive terms. The members
shall receive no compensation for their services on the Missouri
commission for the deaf and hard of hearing, but shall be reimbursed for
ordinary and necessary expenses incurred in the performance of their
duties. The provisions of this subsection shall not prevent any person
serving on the commission on August 28, 1994, from completing the term
for which that person was appointed.

3. A chairperson shall be selected by the commission from among its
members. The commission shall meet at the call of the chairperson, but
not less than four times per year. Professional interpreting services for
the deaf members shall be provided for at every meeting of the
commission, with the expense of the services to be borne by the
commission. (L. 1988 H.B. 1385 § 1, A.L. 1994 H.B. 1044 merged with S.B.
568, A.L. 2002 H.B. 1783)

1. The commission shall appoint an executive director, who shall
serve as an executive officer of the commission. As a priority, the
director shall be a deaf or hard of hearing person or shall have a
background and knowledge of deafness and shall be fluent in using and
reading American sign language or signed English as a means of
communication.

2. Salary, office space and staff for the executive director shall be
provided by the department of elementary and secondary education. (L.
1988 H.B. 1385 § 2, A.L. 2002 H.B. 1783)

The commission shall function as an agency of the state to
advocate public policies, regulations and programs to improve the quality
and coordination of existing services for deaf and hard of hearing
persons and to promote new services whenever necessary. The commission
shall:

(1) Promote deaf awareness to the general public and serve as a
consultant to any public agency needing information regarding deafness;

(2) Develop a system of state certification for those individuals serving
as interpreters of the deaf by:

(a) Conducting evaluations; and

(b) Developing a fee scale for different classes of interpreters;

(3) Maintain the quality of interpreting services by:

(a) Conducting interpreter training workshops to update knowledge and
skills; and

(b) Working closely with the institutions of higher education which
provide, or plan to provide, instructional programs for learning sign
language;

(4) Conduct and maintain a census of the deaf population in Missouri;

(5) Promote the development of a plan which advocates the initiation of
improved physical and mental health services for deaf Missourians;

(6) Conduct or make available workshops or seminars as needed for
educating nondeaf individuals of the problems associated with deafness
and ways by which these groups or agencies can more effectively interact
with those who are deaf;

(7) Promote the development of services for deaf and hard of hearing
adults, such as shelter homes, independent living skill training
facilities and postschool educational training which will help provide
for those deaf and hard of hearing individuals requiring such services an
opportunity to live independently;

(8) Establish a network for effective communication among the deaf adult
community and promote the establishment of TDD relay services where
needed;

(9) Develop and establish interpreting services for state agencies. (L.
1988 H.B. 1385 § 3, A.L. 1994 H.B. 1044 merged with S.B. 568, A.L. 2002
H.B. 1783)

1. In order to conduct and maintain a census of the deaf
population in Missouri as mandated in section 161.405, the Missouri
commission for the deaf and hard of hearing shall establish a census
information system. The commission may also use the data collected by the
census to determine needs of Missouri citizens who have a hearing loss.

2. Licensed professional clinical audiologists, licensed
otolaryngologists, licensed hearing aid fitters and dealers or their
designee shall inform all patients of the commission's purpose to
maintain a census of the deaf population in Missouri and of the statutory
requirement to file a report of deafness and hearing loss to the
commission within one month of identification of such deafness or hearing
loss.

3. To provide an accurate census of the deaf population in Missouri, the
census report shall include the name of the patient, the patient's
address, the patient's birth date, the type of hearing loss and, if
known, the cause of the hearing loss being treated. The census report
shall be on forms provided or approved by the commission. In order to
protect identifying information, the commission shall assign a unique
identifier for each report maintained in the census information system.

4. Nothing in sections 161.400 to 161.411 shall be construed to compel
any individual to submit to any medical examination, treatment or
supervision nor any examination, treatment or supervision by the
commission of any kind. (L. 1994 H.B. 1044 merged with S.B. 568, A.L.
2002 H.B. 1783)

1. The commission shall ensure the confidentiality of all
reports and records made pursuant to sections 161.400 to 161.411 and
maintained by the commission.

2. Only designated staff of the commission shall have access to the
reports and records in which a hearing loss was substantiated.

3. The commission shall not reveal the identity of a person diagnosed
with a hearing loss, a reporting professional clinical audiologist,
otolaryngologist, hearing aid fitter and dealer, hospital or clinic.

4. The data accumulated through the reporting system established in
section 161.407 may be made public by the commission to advance research,
education and services regarding persons with hearing loss. However, the
data shall be organized in such a manner that no individual may be
identified.

5. Any person who knowingly violates the provisions of this section, or
who permits or encourages the unauthorized dissemination of information
contained in the reports and records of the commission made pursuant to
sections 161.400 to 161.411, shall be guilty of a class A misdemeanor.

6. No individual or organization providing information to the commission
in accordance with sections 161.400 to 161.411 shall be held liable in a
civil or criminal action for divulging confidential information unless
such individual or organization acted in bad faith or with malicious
purpose. (L. 1994 H.B. 1044 merged with S.B. 568)

1. The executive director of the Missouri commission for the
deaf and hard of hearing shall administer a revolving fund to be known as
the "Missouri Commission for the Deaf and Hard of Hearing Fund" which is
hereby established in the state treasury. The fund shall consist of
appropriations made by the general assembly, any gifts, contributions,
grants, or bequests received from federal, private, or other sources, and
moneys transferred or paid to the commission in return for goods and
services provided by the commission to any governmental entity or the
public. The state treasurer shall approve all disbursements from the fund
for the purchase of goods or services at the request of the executive
director of the commission.

2. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, moneys in the fund shall not revert to the credit of the
general revenue fund, unless and then only to the extent to which the
unencumbered balance at the end of any fiscal year exceeds one-half of
the total amount appropriated, paid, or transferred to the fund during
such fiscal year. (L. 2002 H.B. 1783)

1. Within the limits of amounts appropriated therefor, the
department of elementary and secondary education shall make available up
to one hundred one-year, renewable scholarships in an amount of two
thousand dollars to minority students for the purpose of encouraging
minority students to enter teaching. Such scholarships shall be available
to minority high school graduates and college students who are residents
of Missouri, and who enter and make a commitment to pursue a teacher
education program approved by the department of elementary and secondary
education and offered by a four-year college or university located in
Missouri, or who after the completion of their baccalaureate degree enter
teacher education and make a commitment to teach science or mathematics,
and who have:

(1) Achieved scores on an accepted standardized test of academic ability,
including, but not limited to, the SAT, ACT, SCAT, which place them at or
above the seventy-fifth percentile; and

(2) A high school rank at or above the seventy-fifth percentile.

2. If the number of applicants exceeds the number of scholarships or
revenues available, the department of elementary and secondary education
may consider the financial needs of the applicant.

3. Any college or university located in Missouri which offers a teacher
education program approved by the department of elementary and secondary
education, and wishes to have the scholarships provided pursuant to this
section made available to eligible applicants for admittance to such
college or university, must provide matching funds to match one dollar
for every two dollars made available by the state pursuant to this
section for students attending the college or university. Such matching
funds shall not be taken from money made available to the college or
university from state funds. The total scholarship available to any one
student from state and from college and university sources pursuant to
such match program shall be three thousand dollars per year.

4. A recipient shall be eligible for a renewed scholarship for a maximum
of three additional years. Eligibility for renewed scholarships shall be
based on criteria established by the colleges of education and the
department of elementary and secondary education.

5. As used in this section the term "minority" includes Asian Americans,
Hispanic Americans, Native Americans and African Americans.

6. The scholarships provided in subsection 1 of this section shall be
available to otherwise eligible students who are currently enrolled in a
community college and make a commitment to pursue a teacher education
program approved by the department of elementary and secondary education
and offered by a four-year college or university located in Missouri. (L.
1990 H.B. 1142 § 4, A.L. 1996 H.B. 1166)

1. The department of elementary and secondary education shall
develop criteria, with input from teacher educators in this state, to
select which of the eligible applicants shall receive the scholarships
made available under sections 161.415 to 161.424.

2. Students making application for the scholarships provided under
sections 161.415 to 161.424 shall indicate their first, second, and third
preference as to which of the colleges and universities which have
provided the necessary matching funds to participate in the scholarship
program established under sections 161.415 to 161.424 they wish to
attend. The department of elementary and secondary education, in
conjunction with those colleges and universities which have provided the
necessary matching funds, shall develop procedures for matching students
eligible for the scholarships provided under sections 161.415 to 161.424
with such colleges and universities. (L. 1990 H.B. 1142 § 5)

If a student ceases his study prior to receiving a degree, any
scholarship received under the provisions of sections 161.415 to 161.424
shall be treated as a loan to the student and interest at the rate of
nine and one-half percent per year shall be charged upon the unpaid
balance of the amount received from the date the student ceases his study
until the amount received is paid back to the state. (L. 1990 H.B. 1142 §
6)

1. Every student receiving scholarships under the provisions of
sections 161.415 to 161.424 shall teach in an elementary or secondary
public school in this state for a period of five years after receiving a
degree or the scholarship shall be treated as a loan to the student and
interest at the rate of nine and one-half percent per year shall be
charged upon the unpaid balance of the amount received from the date the
student ceases to teach until the amount received is paid back to the
state. For each year that the student teaches up to five years, one-fifth
of the amount which was received under sections 161.415 to 161.424 shall
be applied against the total amount received and shall not be subject to
the repayment requirement of this section.

2. The state board of education shall have the power to and shall defer
interest and principal payments under certain circumstances, which shall
include, but need not be limited to, the enrollment in a graduate
program, service in any branch of the armed forces of the United States,
or teaching in areas of critical need as defined by the state board. (L.
1990 H.B. 1142 § 7)

Sections 161.500 to 161.508 shall be known and may be cited as
the "Drug-Free Schools Act". (L. 1990 S.B. 740 § 31)

As used in sections 161.500 to 161.508, the following terms mean:

(1) "Department", the department of elementary and secondary education;

(2) "Drugs" includes, but is not limited to:

(a) All controlled substances defined in chapter 195, RSMo; and

(b) Alcoholic beverages. (L. 1990 S.B. 740 § 32)

1. There is hereby created in the department of elementary and
secondary education the "Drug-Free Schools Program". The department of
elementary and secondary education may apply for federal grants or other
federal assistance as additional funding to appropriated state moneys in
order to implement the provisions of sections 161.500 to 161.508 and the
activities of the state drug-free school advisory committee. All funds
made available to the department for the purposes of sections 161.500 to
161.508 shall be administered and disbursed by the department in
consultation with the state drug-free school advisory committee
established in section 161.508.

2. The department, in consultation with the drug-free school advisory
committee, is authorized to allocate and award funds to local law
enforcement agencies and public schools working jointly to develop drug
and alcohol use prevention and drug and alcohol trafficking suppression
programs in substantial compliance with the policies and criteria set
forth in sections 161.500 to 161.508.

3. The allocation and award of funds shall be made upon the joint
application by the chief law enforcement agency's legislative body and
the superintendent and board of the school district coapplicant. The
joint application of the law enforcement agency and the school district
shall be submitted for review to the local drug-free school advisory
committee established in section 161.506. After review, the application
shall be submitted to the department. Funds disbursed under sections
161.500 to 161.508 may enhance, but shall not supplant, local funds that
would, in the absence of the drug-free school program, be made available
to suppress and prevent drug and alcohol use among school-age children
and to curtail drug and alcohol trafficking in and around schools, parks
and playgrounds.

4. The coapplicant local law enforcement agency and coapplicant school
district shall enter into interagency agreements between themselves which
will allow the management and fiscal tasks created pursuant to sections
161.500 to 161.508 and assigned to both the law enforcement agency and
the school district to be performed by only one of them.

5. Within one hundred twenty days of August 28, 1990, the department in
consultation with the state drug-free school advisory committee shall
prepare and issue administrative guidelines and procedures for the
drug-free school program consistent with the provisions of sections
161.500 to 161.508. In addition to all other formal requirements that may
apply to the enactment of such guidelines and procedures, a complete and
final draft shall be submitted within ninety days of the effective date
of August 28, 1990, to the chairmen of the judiciary committees of the
house of representatives and the senate.

6. After a full year of program operation, the department shall prepare
and submit an annual evaluation report to the general assembly describing
in detail the operation of the program and the results obtained from the
drug-free school program receiving funds under sections 161.500 to
161.508. The report also shall list the full costs applicable both to the
department for processing the reviewing application, and to the state and
local agencies for obtaining grants, from any source, to support the
program. The purpose of the program evaluation shall be to identify
successful methods of preventing drug and alcohol trafficking and use in
schools. Ongoing evaluation findings shall be used to replicate proven
successful methods, identify, implement, and refine new methods. (L. 1990
S.B. 740 § 33)

1. Law enforcement agencies and school districts receiving funds
under sections 161.500 to 161.508 shall concentrate enhanced
apprehension, prevention and education efforts and resources on drug and
alcohol use and drug trafficking in and around schools, parks and
playgrounds. Such enhanced apprehension, prevention, and education
efforts shall include, but not be limited to:

(1) Drug and alcohol traffic intervention programs;

(2) School- and classroom-oriented programs, using tested drug and
alcohol education curriculum that provides in-depth and accurate
information on drugs and alcohol, which may include the participation of
local law enforcement agencies and qualified drug and alcohol use
prevention specialists and which are designed to increase teachers' and
students' awareness of drugs and alcohol and their effects;

(3) Family-oriented programs aimed at preventing drug and alcohol use,
which may include the participation of community-based organizations
experienced in the successful operation of such programs;

(4) The establishment of a local drug-free school advisory committee. The
committee shall be established and appointed by the school board of each
school district. The committee may be a newly created committee or an
existing local drug and alcohol use committee as designated by the
appointing authority. The committee shall be composed of, at a minimum,
the following:

(a) Local and law enforcement executives;

(b) School district administrators;

(c) School-site staff, which includes administrators, teachers and
certified personnel;

(d) Parents;

(e) Students;

(f) School peace officers;

(g) State, county, or local drug and alcohol program administrators
designated pursuant to chapter 195, RSMo; and

(h) Drug and alcohol prevention program executives;

(5) Development and distribution of appropriate written and audiovisual
aids for training of school and law enforcement staff for handling drug-
and alcohol-related problems and offenses. Appropriate existing aids may
be used in lieu of the development of new materials;

(6) Development of prevention and intervention programs for elementary
school teachers and students, including utilization of existing
prevention and intervention programs;

(7) Development of a coordinated intervention system that identifies
students with chronic drug and alcohol abuse treatment programs.

2. Enhanced apprehension, prevention, and education efforts commenced
under this section shall be a joint effort between law enforcement
agencies and local school districts. These efforts shall include, but are
not limited to, the concentration of apprehension efforts in problem
areas cooperatively identified by local school and law enforcement
authorities.

3. Funds appropriated pursuant to sections 161.500 to 161.508 may be used
in part to support state-level development and statewide distribution of
appropriate written and audiovisual aids for public awareness and
training of school and law enforcement staff for handling drug- and
alcohol-related problems and offenses. When existing aids can be
identified, these aids may be used in lieu of the development of new
aids. (L. 1990 S.B. 740 § 34)

1. Criteria for rating the grant applications of cooperating
pairs of clusters of law enforcement agencies and school districts to
receive drug-free school program funding shall be developed by the state
drug-free school advisory committee.

2. The state drug-free school advisory committee shall be composed of one
police chief, one sheriff, one district attorney, one attorney primarily
engaged in criminal defense, one representative of parent groups, one
representative of the state department of public safety, a school peace
officer, a representative of community-based prevention of drug and
alcohol use programs, one member from the attorney general's office, four
members from the department of elementary and secondary education, one
drug and alcohol prevention specialist representing the department of
elementary and secondary education, and three school-site personnel, all
of whom are appointed by the governor with the advice and consent of the
senate. Staff services to the committee shall be provided by the
department of elementary and secondary education. Committee members shall
receive no compensation but shall be reimbursed for actual expenses
involved in the conduct of committee business. The committee shall review
applications for grant awards and shall recommend approval for those
applications which are deemed appropriate and are consistent with the
guidelines and administrative procedures established pursuant to this
section and sections 161.500 to 161.508.

3. Each state drug-free school advisory committee member shall be
personally present to cast a vote or be counted toward a quorum. An
appointed member of the committee unable to attend any meeting may
designate a representative to attend such meetings on his behalf. Such a
representative shall be accorded full privilege to address the committee
on any matter under consideration but shall not have the right to vote on
any motions entertained by the committee.

4. The state drug-free school advisory committee shall develop specific
guidelines and administrative procedures for the drug-free school
program. The program developed by the state drug-free school advisory
committee may be utilized by the local school districts or such districts
may develop programs based on the unique needs and resources of such
districts.

5. Administration of the overall program and the evaluation or*
monitoring of all grants made under sections 161.500 to 161.508 shall be
performed by the department.

6. The department shall, to the extent possible, coordinate the
administration of the drug-free school program with those of other state
and federal agencies.

7. Funds disbursed under sections 161.500 to 161.508 shall not be used
for the acquisition of equipment.

8. Funds disbursed under sections 161.500 to 161.508 shall not be used to
purchase information on drugs or alcohol.

9. In the interest of maximizing the use of funds for program support and
implementation, local law enforcement agencies and school districts
receiving funds under sections 161.500 to 161.508 are expressly
discouraged from using drug-free school program funds for personnel
costs. Where it can be demonstrated that personnel costs are essential to
the success of the program and that sufficient law enforcement and school
personnel are not available to carry out the program, exceptions to this
section may be requested through the department.

10. No more than ten percent of the total amount of funds disbursed under
this section shall be used for administrative costs. (L. 1990 S.B. 740 §
35)

*Word "of" appears in original rolls, an apparent typographical error.

1. By October 1, 1992, and by each October first thereafter, the
department of elementary and secondary education shall identify any
school district experiencing financial stress. The commissioner of
elementary and secondary education or his designee shall review the
information submitted on the report required by section 162.821, RSMo, to
identify school districts experiencing financial stress. Further, the
commissioner of elementary and secondary education shall be authorized to
obtain such additional information from public school districts as may be
necessary to determine school districts experiencing financial stress.
Annually, a listing of school districts identified as experiencing
financial stress according to the provisions of this section shall be
provided to the governor, speaker of the house and president pro tem of
the senate by the commissioner of elementary and secondary education. For
the purposes of this section, a school district shall be identified as
experiencing financial stress if it:

(1) Has a negative balance in its teachers' or incidental funds at the
end of the most recently completed fiscal year and is not in compliance
with the provisions of section 165.021, RSMo;

(2) Has a combined balance remaining in teachers' and incidental funds of
less than three percent at the end of the most recently completed fiscal
year of the amount expended from such funds during the previous fiscal
year; or

(3) Did tax anticipation borrowing during the most recently completed
fiscal year for the period February first through June thirtieth to meet
expenditures of the district because of insufficient fund balances or
reserves.

2. For the purposes of this section, a school district may be identified
as experiencing financial stress if three or more of the following
conditions exist:

(1) For any of the district's funds for the most recently completed
fiscal year, expenditures exceeded receipts because of costs to the
district that are recurring;

(2) Has declining fund balances while the district is receiving state aid
under the provisions of section 163.172, RSMo, for the sole purpose of
increasing salaries of teachers of the district;

(3) Has engaged in tax anticipation borrowing to meet obligated
expenditures for the period October first to December thirty-first of the
most recently completed fiscal year, and interest expense to the district
exceeded interest revenue on district funds;

(4) For the most recently completed three tax years, there is a decline
in the collection rate for current and delinquent taxes paid to the
district;

(5) For the most recently completed three fiscal years, there is a
declining trend of student enrollment without a proportionate decline in
the number of professional staff, except in such districts where
professional staff have been reassigned to reduce pupil teacher ratios in
the elementary grades;

(6) For the most recently completed three fiscal years, there is a static
or an increasing trend of student enrollment while the number of
professional staff has been reduced;

(7) For the most recently completed three fiscal years, salaries paid to
nonadministrative staff have not increased;

(8) For the most recently completed three fiscal years, administrative
costs in the district have increased as measured by the percentage of
total district expenditures; or

(9) Has a declining trend or recent significant loss of assessed
valuation.

3. The department of elementary and secondary education shall notify by
November first the board of education and chief operating officer of any
school district identified as experiencing financial stress according to
the provisions of this section. The notification shall be accompanied by
a copy of the provisions contained in sections 161.520 to 161.529. Upon
receiving the notification, the board of education shall develop, or
cause to have developed, and shall approve a budget and education plan on
forms provided by the department of elementary and secondary education.
The budget and education plan shall be submitted to the department of
elementary and secondary education, signed by the officers of the board
of education, within forty-five calendar days of notification that the
district has been identified as experiencing financial stress. Minimally,
the budget and education plan submitted by the board of education shall:

(1) Give assurances that adequate educational services to students of the
district will continue uninterrupted for the remainder of the current
school year, and that the district can provide a minimum school term
required by section 163.021, RSMo;

(2) Outline a procedure to be followed by the district to report to
district patrons about the financial condition of the district;

(3) Outline a procedure to be followed by the district to report to
district patrons about the impact of the financial condition of the
district on the educational services provided to students; and

(4) Detail the expenditure reduction measures, revenue increases or other
actions to be taken by the school district to address its condition of
financial stress. If requested, the department of elementary and
secondary education shall assist a board of education in the development
of a budget and education plan required by this section. Upon receipt and
following review of any budget and education plan, the commissioner of
elementary and secondary education or his designee may make suggestions
to improve the plan. Nothing in the law shall exempt a board of education
from submitting a budget and education plan to the department of
elementary and secondary education according to the provisions of this
section following each such notification that a district has been
identified as experiencing financial stress; except that, the
commissioner of elementary and secondary education may permit a board of
education to make amendments to or update a budget and education plan
previously submitted to the department of elementary and secondary
education. (L. 1992 S.B. 581 § 2, A.L. 1993 S.B. 380)

If at the end of a fiscal year a school district has a combined
balance remaining in its teachers' and incidental funds of less than one
percent of the amount expended from the funds during the previous fiscal
year, the department of elementary and secondary education shall send a
notice advising the board of education and the chief operating officer of
the district of such fact. The department of elementary and secondary
education shall send a copy of such notice to the boards of education and
chief operating officers of all adjoining school districts. (L. 1992 S.B.
581 § 3 subsec. 1)

Effective 4-17-92

1. If a school district, which has an assessed valuation per
average daily attendance equal to or less than the state average assessed
valuation per average daily attendance, has transmitted by July fifteenth
to the department of elementary and secondary education the report
required by section 162.821, RSMo, and such school district has received
a notice pursuant to section 161.525, such school district is not
required to reduce its operating levy pursuant to section 164.013, RSMo,
when the district next determines its tax rate in accordance with the
provisions of section 164.011, RSMo. However, if a school district does
not reduce its operating levy as permitted in this subsection, the school
district shall not in the current and next school year increase:

(1) Its administrative costs; or

(2) The aggregate amount of funds paid for salaries of employees of the
district.

2. The restrictions on increasing administrative costs and funds paid for
salaries as provided for in subsection 1 of this section shall continue
in the district for each subsequent school year until combined balances
in the teachers' and incidental funds at the end of a fiscal year are
equal to or exceed three percent of the amount expended from the funds
during the previous fiscal year as determined by the department of
elementary and secondary education. Such restrictions provided for in
subsection 1 of this section shall not apply to increased expenditures of
the district necessary to maintain health insurance coverage for district
employees at the same level that may have been provided by the district
prior to implementation of the restrictions. Further, the restrictions
shall not apply to increased expenditures of the district necessary to
meet the district's share of contributions for employees who are members
of the public school retirement system of Missouri, the public school
retirement system of the school district of Kansas City, or the public
school retirement system of the city of St. Louis.

3. The exemption from reduction authorized by subsection 1 of this
section shall be limited to two tax years, at which time the district may
submit to the voters of the district the question of whether to continue
such exemption. (L. 1992 S.B. 581 § 3 subsecs. 2, 3, 4, A.L. 1998 S.B.
781, A.L. 2005 S.B. 287)

*Effective 7-1-06

1. If a school district, which has an assessed valuation per
eligible pupil equal to or less than the state average assessed valuation
per eligible pupil, has transmitted by July fifteenth to the department
of elementary and secondary education the report required by section
162.821, RSMo, and such school district has received a notice pursuant to
section 161.525, such school district is not required to reduce its
operating levy pursuant to section 164.013, RSMo, when the district next
determines its tax rate in accordance with the provisions of section
164.011, RSMo. The state average assessed valuation per eligible pupil
used in this section shall be the state average used to calculate the
guaranteed tax base for the state aid formula for the year the district's
tax is not lowered. The district assessed valuation shall be the assessed
valuation used in the calculation of the state aid formula for the year
the district's tax is not lowered. However, if a school district does not
reduce its operating levy as permitted in this subsection, the school
district shall not in the current and next school year increase:

(1) Its administrative costs; or

(2) The aggregate amount of funds paid for salaries of employees of the
district.

2. The restrictions on increasing administrative costs and funds paid for
salaries as provided for in subsection 1 of this section shall continue
in the district for each subsequent school year until combined balances
in the teachers' and incidental funds at the end of a fiscal year are
equal to or exceed three percent of the amount expended from the funds
during the previous fiscal year as determined by the department of
elementary and secondary education. Such restrictions provided for in
subsection 1 of this section shall not apply to increased expenditures of
the district necessary to maintain health insurance coverage for district
employees at the same level that may have been provided by the district
prior to implementation of the restrictions. Further, the restrictions
shall not apply to increased expenditures of the district necessary to
meet the district's share of contributions for employees who are members
of the public school retirement system of Missouri, the public school
retirement system of the school district of Kansas City, or the public
school retirement system of the city of St. Louis.

3. The exemption from reduction authorized by subsection 1 of this
section shall be limited to two tax years, at which time the district may
submit to the voters of the district the question of whether to continue
such exemption. (L. 1992 S.B. 581 § 3, subsecs. 2, 3, 4, A.L. 1998 S.B.
781)

*This section was amended by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.

Duties and requirements imposed on members of boards of
education by section 161.520, 161.525, or 161.527, either expressed or
implied, shall be enforceable by the provisions contained in section
162.091, RSMo. (L. 1992 S.B. 581 § 4)

Effective 4-17-92

1. By July 1, 1994, the state board of education, within
existing resources provided to the department of elementary and secondary
education, shall have established and implemented a procedure for
annually reporting the performance of public high school students who
have completed a vocational education program in their high school or at
an area vocational school. The purpose of such report shall be to assist
in determining how schools are preparing students for success in the job
market or for advanced postsecondary education.

2. The procedures shall be designed so that the reporting is made by the
name of each high school that offers a vocational education program and
by each area vocational school. The procedures shall not be designed so
that the reporting contains the name of any student.

3. The data reported shall include the percentage of vocational education
students who obtained employment in a job related to the training they
received, obtained a job unrelated to the training received, entered
military service, continued their education at the postsecondary level;
and other data as determined by rule and regulation of the state board of
education.

4. The state board of education shall annually prepare a report that
combines information assembled pursuant to section 173.750, RSMo, and
subsection 1 of this section. The state board of education shall make
this report available to the public and shall annually provide the report
to public high schools of the state. (L. 1993 S.B. 380 § 19 subsecs. 4 to
7)

*Contingent expiration date. See section 143.107.

(1996) Contingent referendum provision was found to be an
unconstitutional delegation of legislative authority thereby making
section 143.107 void. Akin v. Director of Revenue, 934 S.W.2d 295
(Mo.banc).

1. The department of elementary and secondary education shall
identify and adopt an existing program or programs of educational
instruction regarding violence prevention to be administered by public
school districts pursuant to subsection 2 of this section, and which
shall include, but shall not be limited to, instructing students of the
negative consequences, both to the individual and to society at large, of
membership in or association with criminal street gangs or participation
in criminal street gang activity, as those phrases are defined in section
578.421, RSMo, and shall include related training for school district
employees directly responsible for the education of students concerning
violence prevention and early identification of and intervention in
violent behavior. The state board of education shall adopt such program
or programs by rule as approved for use in Missouri public schools. The
program or programs of instruction shall encourage nonviolent conflict
resolution of problems facing youth; present alternative constructive
activities for the students; encourage community participation in program
instruction, including but not limited to parents and law enforcement
officials; and shall be administered as appropriate for different grade
levels and shall not be offered for academic credit.

2. All public school districts within this state with the approval of the
district's board of education may administer the program or programs of
student instruction adopted pursuant to subsection 1 of this section to
students within the district starting at the kindergarten level and every
year thereafter through the twelfth-grade level.

3. Any district adopting and providing a program of instruction pursuant
to this section shall be entitled to receive state aid pursuant to
section 163.031, RSMo. If such aid is determined by the department to be
insufficient to implement any program or programs adopted by a district
pursuant to this section:

(1) The department may fund the program or programs adopted pursuant to
this section or pursuant to subsection 2 of section 160.530, RSMo, or
both, after securing any funding available from alternative sources; and

(2) School districts may fund the program or programs from funds received
pursuant to subsection 1 of section 160.530, RSMo, and section 166.260,
RSMo.

4. No rule or portion of a rule promulgated pursuant to this section
shall become effective unless it has been promulgated pursuant to chapter
536, RSMo. (L. 1996 H.B. 1301 & 1298 § 3, A.L. 2000 S.B. 944)

1. For the purpose of promoting and improving each public school
student's knowledge and responsibility relating to economics and personal
finance, the department of elementary and secondary education shall
conduct a study of economics and personal finance education and submit a
report on the study to the Missouri general assembly on or before January
1, 2003.

2. The economics and personal finance report shall include, but not be
limited to, the following:

(1) Recommendations on methods, materials, procedures, and in-service
training of teachers;

(2) Recommendations relating to funding to facilitate the integration of
grade-appropriate principles of economics and personal finance from
kindergarten through the twelfth grade into math, reading, writing,
social studies, business, and family and consumer science courses;

(3) Recommendations relating to detailed procedures and timetables to
assure integration of testing on appropriate areas of economics and
personal finance in the Missouri assessment program (MAP) with sufficient
test questions to permit a separate reportable test score for each of
these two subjects;

(4) Recommendations relating to content for a capstone high school course
in economics and personal finance in which a passing grade shall be
achieved by each public school student prior to graduation from high
school;

(5) Recommendations relating to establishing appropriate undergraduate
preparation requirements for teacher certification for teachers from
kindergarten through the twelfth grade that will enable new teachers to
meet these increased expectations in economics and personal finance
education;

(6) Recommendations relating to appropriate changes in state laws, rules,
or regulations that are necessary to implement the stated purpose of this
study.

3. Any costs relating to the completion of this study shall not be paid
by Missouri tax revenue funds, but shall be paid by federal funds,
private funds, or other funding sources. (L. 2002 H.B. 1973)

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