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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : EDUCATION AND LIBRARIES
Chapter : Chapter 170 Instruction--Materials and Subjects
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Every student, teacher and visitor is required to wear an
industrial quality eye protective device when participating in or
observing any of the following courses in schools, colleges, universities
or other educational institutions:
(1) Vocational, technical, industrial arts, chemical, or
chemical-physical shops or laboratories involving exposure to the
following: Hot molten metals, or other molten materials; milling, sawing,
turning, shaping, cutting, grinding or stamping of any solid materials;
heat treatment, tempering, or kiln firing of any metal or other
materials; gas or electric arc welding, or other forms of welding
processes; repair or servicing of any vehicle; caustic or explosive
materials;
(2) Chemical, physical, or combined chemical-physical laboratories
involving caustic or explosive materials, hot liquids or solids,
injurious radiations or other hazards not enumerated. (L. 1976 S.B. 519 §
1)
As used in sections 170.005 to 170.009 "industrial quality eye
protective devices" means devices meeting the standards of the American
National Standard Practice for Occupational and Educational Eye and Face
Protection, Z87.1-1968, and subsequent revisions thereof, approved by the
American National Standards Institute, Inc. (L. 1976 S.B. 519 § 2)
The state board of education and the coordinating board for
higher education shall prepare and circulate to each public and private
educational institution in this state instructions and recommendations
for implementing the eye safety provisions of sections 170.005 to
170.009. (L. 1976 S.B. 519 § 3)
1. Regular courses of instruction in the Constitution of the
United States and of the state of Missouri and in American history and
institutions shall be given in all public and private schools in the
state of Missouri, except privately operated trade schools, and shall
begin not later than the seventh grade and continue in high school to an
extent determined by the state commissioner of education, and shall
continue in college and university courses to an extent determined by the
state commissioner of higher education. In the 1990-91 school year and
each year thereafter, local school districts maintaining high schools
shall comply with the provisions of this section by offering in grade
nine, ten, eleven, or twelve a course of instruction in the institutions,
branches and functions of the government of the state of Missouri,
including local governments, and of the government of the United States,
and in the electoral process. A local school district maintaining such a
high school shall require that prior to the completion of the twelfth
grade each pupil, who receives a high school diploma or certificate of
graduation on or after January 1, 1994, shall satisfactorily complete
such a course of study. Such course shall be of at least one semester in
length and may be two semesters in length. The department of elementary
and secondary education may provide assistance in developing such a
course if the district requests assistance.
2. American history courses at the elementary and secondary levels shall
include in their proper time-line sequence specific referrals to the
details and events of the racial equality movement that have caused major
changes in United States and Missouri laws and attitudes.
3. No pupil shall receive a certificate of graduation from any public or
private school other than private trade schools unless he has
satisfactorily passed an examination on the provisions and principles of
the Constitution of the United States and of the state of Missouri, and
in American history and American institutions. A student of a college or
university, who, after having completed a course of instruction
prescribed in this section and successfully passed an examination on the
United States Constitution, and in American history and American
institutions required hereby, transfers to another college or university,
is not required to complete another such course or pass another such
examination as a condition precedent to his graduation from the college
or university.
4. In the 1990-91 school year and each year thereafter, each school
district maintaining a high school may annually nominate to the state
board of education a student who has demonstrated knowledge of the
principles of government and citizenship through academic achievement,
participation in extracurricular activities, and service to the
community. Annually, the state board of education shall select fifteen
students from those nominated by the local school districts and shall
recognize and award them for their academic achievement, participation
and service.
5. The state commissioner of education and the state commissioner of
higher education shall make arrangements for carrying out the provisions
of this section and prescribe a list of suitable texts adapted to the
needs of the school grades and college courses, respectively.
6. The willful neglect of any superintendent, principal or teacher to
observe and carry out the requirements of this section is sufficient
cause for termination of his contract.
7. The provisions of this section shall not apply to students from
foreign countries who are enrolled in public or private high schools in
Missouri, if such students are foreign exchange students sponsored by a
national organization recognized by the department of elementary and
secondary education. (L. 1963 p. 200 § 10-1, A.L. 1987 H.B. 39, A.L. 1989
S.B. 198, A.L. 1999 S.B. 163)
(Source: RSMo 1959 §§ 163.200, 163.210, 163.220, 163.230, 163.240)
1. Any graduate student who did not receive both his primary and
secondary education in a nation or territory in which English is the
primary language shall not be given a teaching appointment during his or
her first semester of enrollment at any public institution of higher
education in the state of Missouri. Exceptions may be granted in special
cases upon approval of the chief academic and executive officers of the
institution.
2. All graduate students who did not receive both their primary and
secondary education in a nation or territory in which English is the
primary language shall be tested for their ability to communicate orally
in English in a classroom setting prior to receiving a teaching
appointment. Such testing shall be made available by the public
institution at no cost to the graduate student.
3. All graduate students prior to filling a teaching assistant position
as a graduate student, who have not previously lived in the United States
shall be given a cultural orientation to prepare them for such teaching
appointment.
4. All public institutions of higher education in this state shall
provide to the coordinating board for higher education on a biennial
basis a report on the number and language background of all teaching
assistants, including a copy of the institutions current policy for
selection of graduate teaching assistants.
5. The provisions of this section and sections 174.310 and 175.021, RSMo,
shall not apply to any person employed under a contract of employment in
existence prior to August 13, 1986. (L. 1986 S.B. 602 § 2)
1. This section shall be known as the "Reading Instruction Act"
and is enacted to ensure that all public schools establish reading
programs in kindergarten through grade three based in scientific
research. Such programs shall include the essential components of
phonemic awareness, phonics, fluency, vocabulary, and comprehension, and
all new teachers who teach reading in kindergarten through grade three
shall receive adequate training in these areas.
2. The program described in subsection 1 of this section may include
"explicit systematic phonics", which, for the purposes of this section,
shall mean the methodology of pronouncing and reading words by learning
the phonetic sound association of individual letters, letter groups, and
syllables, and the principles governing these associations.
3. Every public school in the state shall offer a reading program as
described in subsection 1 of this section for kindergarten through grade
three. (L. 2002 H.B. 1711)
*Revisor's note:
Invalidity of section 82.293 shall not affect the validity of this
section, RSMo 82.293.
1. Any course materials and instruction relating to human
sexuality and sexually transmitted diseases shall be medically and
factually accurate and shall:
(1) Present abstinence from sexual activity as the preferred choice of
behavior in relation to all sexual activity for unmarried pupils because
it is the only method that is one hundred percent effective in preventing
pregnancy, sexually transmitted diseases and the emotional trauma
associated with adolescent sexual activity, and advise students that
teenage sexual activity places them at a higher risk of dropping out of
school because of the consequences of sexually transmitted diseases and
unplanned pregnancy;
(2) Stress that sexually transmitted diseases are serious, possible,
health hazards of sexual activity. Pupils shall be provided with the
latest medical information regarding exposure to human immunodeficiency
virus, acquired immune deficiency syndrome (AIDS), human papilloma virus,
hepatitis and other sexually transmitted diseases;
(3) Present students with the latest medically factual information
regarding both the possible side effects and health benefits of all forms
of contraception, including the success and failure rates for the
prevention of pregnancy and sexually transmitted diseases;
(4) Include a discussion of the possible emotional and psychological
consequences of preadolescent and adolescent sexual activity and the
consequences of adolescent pregnancy, as well as the advantages of
adoption, including the adoption of special needs children, and the
processes involved in making an adoption plan;
(5) Teach skills of conflict management, personal responsibility and
positive self-esteem through discussion and role-playing at appropriate
grade levels to emphasize that the pupil has the power to control
personal behavior. Pupils shall be encouraged to base their actions on
reasoning, self-discipline, sense of responsibility, self-control, and
ethical considerations, such as respect for one's self and others. Pupils
shall be taught not to make unwanted physical and verbal sexual advances
or otherwise exploit another person. Pupils shall be taught to resist
unwanted sexual advances and other negative peer pressure;
(6) Advise pupils of the laws pertaining to their financial
responsibility to children born in and out of wedlock and advise pupils
of the provisions of chapter 566, RSMo, pertaining to statutory rape.
2. Policies concerning referrals and parental notification regarding
contraception shall be determined by local school boards, consistent with
the provisions of section 167.611, RSMo.
3. A school district which provides human sexuality instruction may
separate students according to gender for instructional purposes.
4. The board of a school district shall determine the specific content of
the district's instruction in human sexuality, in accordance with
subsections 1 to 3 of this section, and shall ensure that all instruction
in human sexuality is appropriate to the age of the students receiving
such instruction.
5. A school district shall notify the parent or legal guardian of each
student enrolled in the district of:
(1) The basic content of the district's human sexuality instruction to be
provided to the student; and
(2) The parent's right to remove the student from any part of the
district's human sexuality instruction.
6. A school district shall make all curriculum materials used in the
district's human sexuality instruction available for public inspection
pursuant to chapter 610, RSMo, prior to the use of such materials in
actual instruction. (L. 1999 S.B. 163)
One or more chapters on dental hygiene is required in all
textbooks on physiology used in the public schools of the state of
Missouri. The chapters shall convey the proper knowledge to the pupil on
the care, function and relation of the teeth to the general health. Such
chapters in the textbooks shall be edited or approved by a competent
committee composed of five members, three of whom are selected by the
state dental society, one by the director of the department of social
services, and one by the state board of education, and they shall serve
without compensation. The sale or offer for sale of any textbook which
does not contain the chapter on dental hygiene required by this section
is a misdemeanor. (L. 1963 p. 200 § 10-3)
(Source: RSMo 1959 §§ 163.180, 163.190)
1. The state board of education shall encourage the adoption of
service-learning programs and projects among school districts. As used in
this section, the term "service-learning programs and projects" means a
student-centered, research-based method of teaching and learning which
engages students of all ages in solving problems and addressing issues in
their school or greater community as part of the academic curriculum. As
a result, service-learning fosters academic achievement, civic
engagement, and character development.
2. Upon request of any school district that elects to implement
service-learning programs or projects, the state board of education shall
provide any assistance needed to districts in locating, leveraging, and
utilizing alternative financial resources that will assist teachers
desiring to receive training in developing and administering service-
learning programs or projects.
3. Any local board of education that maintains a high school may include
service-learning as part of any course contributing to the satisfaction
of credits necessary for high school graduation and provide support for
the use of service-learning as an instructional strategy at any grade
level to address appropriate areas of current state educational standards
for student knowledge and performance. (L. 2004 S.B. 945 and S.B. 803 &
1257)
The board of each seven-director school district which employs
thirty or more teachers and also employs a supervisor of physical
education or supervisor of health under section 168.171, RSMo, may raise
and expend funds to carry out the purpose of that section and for the
purchase of books, printed matter, apparatus, including weighing scales,
instruments and other necessary appliances and supplies as are designated
by the commissioner of education. (L. 1963 p. 200 § 10-4)
(Source: RSMo 1959 § 163.280)
1. The department of health and senior services shall, in
consultation with the department of elementary and secondary education,
develop program materials for use by school districts in this state, to
be known as "School-Based Nonviolent Conflict Resolution", which shall
emphasize:
(1) Nonviolence in conflict resolution; and
(2) Moral and ethical decision making.
2. The program material developed pursuant to this section may be
presented by school districts at least once each school year in grades
kindergarten through grade twelve. Such program material shall be made
available to all schools including private and parochial schools and the
general public. Students shall receive no academic credit for the program
developed pursuant to this section. (L. 1995 H.B. 174, et al. § 7)
The board of each school district shall require each school in
such district to devote a period of time equal to one class period to an
observance that conveys the meaning and significance of Veterans Day.
Such observance shall take place on or as close as possible to Veterans
Day. The board, in consultation with the administrators of each school in
the district, shall determine the activities which will constitute the
required observance. (L. 2003 S.B. 325)
1. As used in this section, the term "textbook" means workbooks,
manuals, or other books, whether bound or in loose-leaf form, intended
for use as a principal source of study material for a given class or
group of students, a copy of which is expected to be available for the
individual use of each pupil in such class or group.
2. Each public school board shall purchase and loan free all textbooks
for all children who are enrolled in grades kindergarten through twelve
in the public schools of the district, and may purchase textbooks and
instructional materials for prekindergarten students.
3. Only textbooks which are filed with the state board of education
pursuant to section 170.061 shall be purchased and loaned under this
section. No textbooks shall be purchased or loaned under this section to
be used in any form of religious instruction or worship.
4. Each school board shall purchase from the incidental fund of the
district all the new or used textbooks for all the pupils in all grades
and preschool programs of the public schools of the district. The board
may also expend incidental fund moneys to provide supplementary texts,
library and reference books, contractual educational television services,
and any other instructional supplies for all the pupils of the public
schools of the district. All books purchased from district funds are the
property of the district but shall be furnished, under rules and
regulations prescribed by the school board, to the pupils without charge,
except for abuse or willful destruction. (L. 1963 p. 200 § 10-5, A.L.
1972 S.B. 638, A.L. 1977 S.B. 74, A.L. 1990 S.B. 740, A.L. 1995 S.B. 269,
A.L. 2005 S.B. 287)
(Source: RSMo 1959 §§ 170.200, 170.220)
*Effective 7-1-06
1. As used in this section, the term "textbook" means workbooks,
manuals, or other books, whether bound or in loose-leaf form, intended
for use as a principal source of study material for a given class or
group of students, a copy of which is expected to be available for the
individual use of each pupil in such class or group.
2. Each public school board shall purchase and loan free all textbooks
for all children who are enrolled in grades kindergarten through twelve
in the public schools of the district, and may purchase textbooks and
instructional materials for prekindergarten students.
3. Only textbooks which are filed with the state board of education
pursuant to section 170.061 shall be purchased and loaned under this
section. No textbooks shall be purchased or loaned under this section to
be used in any form of religious instruction or worship.
4. Each school board shall purchase from the free textbook fund, or from
the incidental fund of the district if the free textbook fund is
insufficient, all the new or used textbooks for all the pupils in all
grades and preschool programs of the public schools of the district. The
board may also expend either textbook fund moneys or incidental fund
moneys to provide supplementary texts, library and reference books,
contractual educational television services, and any other instructional
supplies for all the pupils of the public schools of the district. The
board may, in its discretion, expend textbook fund moneys to provide any
other instructional materials and supplies for the pupils of the public
schools of the district. All books purchased from district funds are the
property of the district but shall be furnished, under rules and
regulations prescribed by the school board, to the pupils without charge,
except for abuse or willful destruction. (L. 1963 p. 200 § 10-5, A.L.
1972 S.B. 638, A.L. 1977 S.B. 74, A.L. 1990 S.B. 740, A.L. 1995 S.B. 269)
(Source: RSMo 1959 §§ 170.200, 170.220)
*This section was amended by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.
No school board shall pay a higher price for books than is paid
by any other school district in this state, or in any other state
purchasing textbooks in the open market. No contract for books for a
period of more than five years shall be made by any school district under
the provisions of this law. Any owner, agent, solicitor or publisher of
textbooks who shall offer for sale in this state or sell to any board of
directors or board of education textbooks at a higher price than herein
specified shall be guilty of a misdemeanor and shall upon conviction
thereof be punished by a fine of not less than five hundred dollars and
not more than ten thousand dollars for each offense. (L. 1972 S.B. 638,
A.L. 1982 Adopted by Initiative, Proposition C, November 2, 1982, A.L.
2005 S.B. 287)
*Effective 7-1-06
1. When the money apportioned under the provisions of section
148.360, RSMo, is received by the treasurers of the various school
districts it shall be placed to the credit of the free textbook fund of
the district.
2. No school board shall pay a higher price for books than is paid by any
other school district in this state, or in any other state purchasing
textbooks in the open market. No contract for books for a period of more
than five years shall be made by any school district under the provisions
of this law. Any owner, agent, solicitor or publisher of textbooks who
shall offer for sale in this state or sell to any board of directors or
board of education textbooks at a higher price than herein specified
shall be guilty of a misdemeanor and shall upon conviction thereof be
punished by a fine of not less than five hundred dollars and not more
than ten thousand dollars for each offense. (L. 1972 S.B. 638, A.L. 1982
Adopted by Initiative, Proposition C, November 2, 1982)
Effective 1-1-83
*This section was amended by S.B. 287, 2005, effective 7-1-06. Consult
RSMo 2000 for existing section.
The school board of any school district may expend either
textbook fund moneys or incidental fund moneys to provide supplementary
texts, library reference books, instructional supplies and contractual
educational television services for the pupils of the district's
elementary and secondary schools. (L. 1977 H.B. 130)
Before the publisher of any school textbook offers the same for
sale to any school board in the state of Missouri, he shall file a copy
of the textbook in the office of the state board of education with a
sworn statement of the list price and the lowest net price at which the
book is sold anywhere in the United States under like conditions of
distribution. The publisher shall file with the state board of education
a written agreement to furnish the book or books to any school board in
Missouri at the price so filed. The publisher must further agree to
reduce the prices in Missouri if reductions are made elsewhere in the
country, so that at no time may any book be sold in Missouri at a higher
price than is received for the same book elsewhere in the country where
like methods of distribution prevail. The publisher shall further agree
that all books offered for sale in Missouri shall be equal in quality to
those deposited in the office of the state board of education as to
paper, binding, print, illustration and all points that may affect the
value of the books. (L. 1963 p. 200 § 10-6)
(Source: RSMo 1959 § 170.040)
Before the publisher of any school textbook offers it for sale
to any school board in the state of Missouri, and at the time of the
filing of the textbook in the office of the state board of education, the
publisher shall pay into the treasury of the state of Missouri a filing
fee of ten dollars for each book offered by the publisher. A series of
books by the same author and upon the same subject constitute one book
for this purpose. The fees received constitute a fund out of which, upon
requisition made by the state board of education, shall be paid the
expenses of publishing lists and other information for the use of school
boards, clerk hire and the other necessary expenses in connection with
the filing of all textbooks submitted for adoption in the state of
Missouri. (L. 1963 p. 200 § 10-7)
(Source: RSMo 1959 § 170.050)
To insure compliance with the conditions under which school
textbooks may be sold in the state of Missouri, the publisher shall file
with the state board of education a bond of not less than two thousand
dollars nor more than ten thousand dollars, to be approved by the state
board and the amount to be fixed by it; upon compliance with this and
sections 170.071, 170.131 and 170.141, the publisher shall thereupon be
licensed to sell school books in this state. (L. 1963 p. 200 § 10-8)
(Source: RSMo 1959 § 170.060)
The state board of education shall furnish annually each school
district with a list of publishers who have conformed to the law relating
to sample books, prices and bond. (L. 1963 p. 200 § 10-9)
(Source: RSMo 1959 § 170.080)
If in any case the publisher furnishes books inferior in any
particular to the sample on file with the state board of education, or
requires higher prices than those listed with the board, then the school
board shall inform the state board of education of the failure of the
publisher to comply with the terms of his contract. The state board of
education shall thereupon notify the publisher of the complaint, and, if
the publisher disregards the notification and fails to comply immediately
with the terms of his contract, then the state board of education shall
institute legal proceedings for the forfeiture of the bond of the
publisher. (L. 1963 p. 200 § 10-10)
(Source: RSMo 1959 § 170.070)
Before seeking to enter into contract with any school board, the
publisher shall furnish the clerk of the school board with a duplicate
printed list of the books and prices filed with the state board of
education. (L. 1963 p. 200 § 10-11, A.L. 1977 H.B. 130)
(Source: RSMo 1959 § 170.090)
Any person, firm or corporation furnishing textbooks to any
district under the provisions of this law shall designate the secretary
of state of the state of Missouri as its or their agent upon whom
citation and all other writs and processes may be served in the event any
suit is brought against the person, firm or corporation. (L. 1963 p. 200
§ 10-12)
(Source: RSMo 1959 § 170.210)
When any publisher of school textbooks files with the state
board of education the samples and lists provided for in section 170.061,
the publisher at the same time shall file a sworn statement that he has
no understanding or agreement of any kind with any other publisher, or
interest in the business of any other publisher, with the effect, design
or intent to control the prices on books or to restrict competition in
the adoption or sale thereof. (L. 1963 p. 200 § 10-13)
(Source: RSMo 1959 § 170.230)
All public elementary, secondary and postsecondary schools shall
preferentially procure educational materials, including textbooks and
collateral materials, from vendors who make the materials available in
either Braille format or electronic format which is computer-readable in
a form approved by the department of elementary and secondary education,
or both, at no greater cost than for regular materials. (L. 1999 H.B. 401)
Before being licensed to sell school textbooks in this state,
the publisher thereof shall file with the state board of education a
sworn statement, showing the ownership of the publishing house, with the
interest, names and addresses of the owners, and specifically stating
whether or not the publisher, or the owner of any interest or shares in
the publishing house, is the owner of any interest or shares in any other
publishing house, and if so, giving the name and address thereof. (L.
1963 p. 200 § 10-14)
(Source: RSMo 1959 § 170.240)
If at any time any publisher enters into any understanding,
agreement or combination to control the prices or to restrict competition
in the adoption or sale of school books, or if the statements required of
the publisher by sections 170.131 and 170.141 are untrue in any respect,
then the attorney general shall institute and prosecute legal proceedings
for the forfeiture of the bond of the publisher and for the revocation of
his authority to sell school books in this state, and all contracts made
by the publisher under this law shall thereupon become null and void at
the option of the other parties thereto. (L. 1963 p. 200 § 10-15)
(Source: RSMo 1959 § 170.250)
Any publisher who sells, or offers for sale or adoption in this
state, school textbooks of any kind without first obtaining licenses
therefor under this law is guilty of a misdemeanor and upon conviction
shall be fined not less than five hundred dollars and not more than five
thousand dollars. (L. 1963 p. 200 § 10-16)
(Source: RSMo 1959 § 170.260)
Any member of any school board who accepts or receives any
money, gift or any property, or favor whatsoever, from any person, firm
or corporation selling or offering for sale any textbooks, or any agent
thereof, or from any person in any way interested in the sale of
textbooks, shall, upon conviction, be punished by a fine not exceeding
one thousand dollars, or by imprisonment in the county jail for not more
than six months, or by both the fine and imprisonment. (L. 1963 p. 200 §
10-17)
(Source: RSMo 1959 § 170.270)
The board of any seven-director district may accept and receive
gifts and devises for the erection and endowment of libraries and for the
purchase of books, and may invest the endowment fund upon the same
security and in the same manner as required by section 7, article IX, of
the Constitution of Missouri. (L. 1963 p. 200 § 10-20)
(Source: RSMo 1959 § 165.367)
1. The school board of any urban school district may establish
and maintain a library and free reading room for the use of the school
district, and may appropriate such sums as the board deems proper for the
support of the library and reading room.
2. The school board may in the name of the school district accept, hold,
invest and reinvest, use and disburse any donations, bequests or devises
made to it for the benefit of the library or for library purposes in
accordance with the terms of the donation, bequest or devise. (L. 1963 p.
200 § 10-21)
(Source: RSMo 1959 §§ 165.537, 165.733)
The board of any urban district may receive and accept gifts,
donations and bequests of paintings, engravings, etchings, statuary and
other works of art, curios, historical relics, collections of minerals
and other articles proper to a museum for use in connection with the
public schools, and may appropriate the sums necessary to properly care
for, preserve and exhibit the same. The board may also receive gifts and
bequests of money and other property for use, and use the same in
increasing, preserving, maintaining and caring for the art and museum
collections; and for that purpose may purchase sites and erect proper
buildings for art and museum collections. Whenever the board files a
verified statement with the county clerk, signed by the board or a
majority of its members, certifying that, in its or their opinion, the
art and museum collections are of the value of not less than twenty-five
thousand dollars, then the board may submit to the voters of the school
district a proposition to vote bonds for the purpose of erecting an art
gallery and museum building for the proper keeping and maintaining of the
art and museum collections, which proposition shall be submitted to the
voters of the school districts under all the terms and conditions of
sections 164.131, 164.151 and 164.161, RSMo. (L. 1963 p. 200 § 10-22)
(Source: RSMo 1959 § 165.537)
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. 1977 H.B. 130 §
1 as that number appears for the second time in H.B. 130, A.L. 1981 S.B.
200, A.L. 1995 S.B. 3)
The school board of each school district shall provide that all
public school instructional material intended for use in connection with
any public school classroom instruction, or any public school research or
experimentation program or project, shall be available for inspection by
any person. For the purpose of this section, "classroom instruction"
shall mean any public school instruction involving teachers and students
or peers and students; "research or experimentation program or project"
shall mean any public school research or experimentation program or
project designed to explore or develop new and unproven teaching methods
and techniques. (L. 1983 H.B. 815 § 162.021)
1. The "Video Instructional Development and Educational
Opportunity Program" is established to encourage all educational
institutions in Missouri to supplement educational opportunities through
telecommunications technology and satellite broadcast instruction. The
program established by this section is to be administered by the state
board of education. The program shall consist of:
(1) Grants to local school districts, state-supported institutions of
higher education and public television stations as defined in section
37.205, RSMo, for equipment and instruction;
(2) Instructional programs developed pursuant to this section and
transmitted through the airwaves, over telephone* lines, or by cable
television which are available for all residents of this state without
charge as defined in this section; and
(3) Instructional programs developed pursuant to this section which are
available to any subscriber according to this section.
2. The "Video Instructional Development and Educational Opportunity Fund"
is established in the state treasury and shall be administered by the
department of elementary and secondary education at the direction of the
state board of education. Moneys deposited in the fund shall consist of
revenues generated from state sales and use tax revenues as provided in
chapter 144, RSMo, on the rental of films, records or any type of sound
or picture transcriptions as provided in subsection 3 of this section and
shall include four million dollars transferred to the fund annually.
Moneys in the fund shall be used solely for purposes established by this
section.
3. Within the department of elementary and secondary education, there is
established an advisory committee which shall make recommendations to the
state board of education on the grant program. The committee shall be
composed of twenty-nine members. The members of the committee shall
consist of one representative of public television stations as defined in
section 37.205, RSMo, and one representative of the cable television
industry appointed by the state board of education, one representative of
public television stations as defined in section 37.205, RSMo, and one
representative of the cable television industry appointed by the
coordinating board for higher education, three classroom teachers from
the elementary and secondary level appointed by the state board of
education, three school administrators of elementary or secondary schools
appointed by the state board of education, three members of school boards
of local public school districts appointed by the state board of
education, four representatives from public community college districts
appointed by the coordinating board for higher education, four
representatives of state-supported institutions of higher education other
than community colleges appointed by the coordinating board for higher
education, one representative of the regional consortium for education
and technology appointed by the state board of education, one
representative of the cooperating school districts of the St. Louis
suburban area appointed by the state board of education, two
representatives of the public appointed by the governor with the advice
and consent of the senate, two members of the senate appointed by the
senate president pro tem and two members of the house of representatives
appointed by the speaker of the house of representatives. Of all members
appointed by the state board of education, no more than four shall be
from any one congressional district and of all the members appointed by
the coordinating board for higher education, no more than four shall be
from any one congressional district. The members of the committee shall
serve three-year terms and shall not serve more than two terms
consecutively. However, committee members having served two consecutive
terms may be reappointed after leaving the committee for at least one
three-year term. On August 28, 1992, the committee shall designate nine
of its members to serve a term of one year, ten of its members to serve a
term of two years, and ten of its members to serve a term of three years.
All subsequent appointments shall be for three years. All members shall
receive no compensation for their services, but shall be reimbursed for
the actual and necessary expenses incurred while serving on the committee
out of funds appropriated for that purpose. The committee shall meet at
least quarterly and shall annually issue a report together with its
recommendations to the state board of education and the general assembly.
4. The state board of education may cooperate with existing programs
including the University of Missouri, other institutions of higher
education, the cooperating school districts of the St. Louis suburban
area, or its successor organization, the regional consortium for
education and technology or its successor organization, and any statewide
organization of public school governing boards and may delegate or
contract for the performance or operation of the respective grant
programs. The state board of education shall establish appropriate
guidelines for participation by the aforementioned entities and by school
districts, community college districts, and public television stations as
defined in section 37.205, RSMo, in the grant program. Such guidelines
shall include application procedures and shall establish policies for
awarding grants in the event that more grant applications are received
than are funds available to honor the applications in any fiscal year. In
allocating funds to applicants, the state board of education may give due
consideration to revenues available from all other sources. The state
board of education shall accredit courses offered through this program at
the elementary and secondary education level. The coordinating board for
higher education shall approve courses taught at the postsecondary level.
5. In any fiscal year, moneys in the fund shall be used first to ensure
that any and all school districts, community college districts and state
institutions of higher education seeking aid under this program shall
receive telecommunications equipment including computers and modems
necessary to participate in the satellite learning process or
instructional television video; second to provide the school districts,
community college districts and state institutions of higher education
with access to subjects at the advanced level or the remedial level or
which are not taught in the schools of the district or the service area
or campus, which subjects shall include courses in continuing education
necessary for maintenance or renewal of licenses for all such licensed
health care providers; and third to provide enrichment classes for all
pupils of the district. However, the state board of education may set
aside a portion of the funds to be used to contract with state-supported
institutions of higher education and public television stations as
defined in section 37.205, RSMo, to develop instructional programs for
grades kindergarten through twelve and for undergraduate and graduate
course work suitable for broadcast to the school districts, community
college districts and state institutions of higher education as
appropriate and to develop the capability to transmit programs cited in
this section.
6. Participation by a local school district, a community college district
or a state institution of higher education in the program established by
this section shall be voluntary. No school district, community college
district or state institution of higher education receiving funds under
this program shall use those funds for any purpose other than that for
which they were intended. Any school district, community college district
or state institution of higher education shall be eligible to receive
funds under this program regardless of its curriculum, local wealth or
previous contractual arrangements to receive satellite broadcast
instruction.
7. The office of administration on behalf of the state of Missouri may
contract with institutions of higher education for the development or
operation or both of state employee training programs transmitted by
telecommunications technology.
8. Instructional programs developed pursuant to this section which are
transmitted one way through the airwaves or by cable television shall be
available to all residents of this state without charge or fee to the
extent permitted by the Missouri Constitution. "Without charge or fee"
shall not require the providing of equipment to transmit or receive
telecommunications instruction or the providing of commercial cable
television service. If the instructional program involves two-way,
interactive communication between the instructor and the participant, the
district or institution operating the program may prescribe academic
prerequisites and limit the number of persons who may enroll in the
specific program and give preference to residents of the district or
institutional attendance area who are age twenty-one or younger but shall
not discriminate against any resident on any other basis. A fee may be
charged which shall be paid directly by the individual participant, but
the fee shall be equal for all participants. If a subscription fee is
charged by the originator of the program, the district or institution may
pay the subscription fee for all participants from the grant pursuant to
this section or from any other public or private fund legally authorized
to be used for this purpose. Printed materials designed to facilitate or
complement telecommunications programs or electronic reproductions
thereof may be made available for loan by the school district, community
college or institution of higher education through the public library
system subject to the normal rules and regulations of the lending system
and in such quantities as may be approved by the governing body of the
district or institution. Instructional programs which involve two-way,
interactive communication between the instructor and the participant
shall also be available to any not-for-profit organization in this state
which is exempt from taxation pursuant to subdivision (19) of subsection
2 of section 144.030, RSMo, upon payment of a reasonable subscription fee
as determined by the state board of education. Such fees shall be set on
a per-participant, per-course basis. The district or institution or the
state board of education may make telecommunication equipment available
for purchase at cost by or rental to any not-for-profit organization in
this state which is exempt from taxation pursuant to subdivision (19) of
subsection 2 of section 144.030, RSMo.
9. (1) In order to facilitate or complement telecommunications, local
exchange telecommunications companies shall file with the public service
commission tariffs for provision of local service to public school
districts, and may file tariffs for provision of local service to
accredited primary or secondary schools owned or operated by private
entities and community college districts located within the local
exchange telecommunications companies certified area. Such local exchange
telecommunications companies shall seek commission authorization to
provide local service at rates lower than those charged for business and
residential service in effect when the tariff is filed, provided that the
proposed rates may not be below the actual cost of providing the service.
Upon approval of the public service commission, the rates shall not be
classified as discriminatory for the purposes of chapter 392, RSMo.
(2) The public service commission may approve the tariff as submitted, or
may, after hearing, modify the tariff in the public interest. The
commission may promulgate rules to aid in the implementation of this
section. (L. 1988 S.B. 709 § 1, A.L. 1990 S.B. 765, A.L. 1992 S.B. 485,
A.L. 1994 S.B. 450, A.L. 1996 S.B. 507, A.L. 1998 S.B. 781, A.L. 2000
S.B. 944)
*Word "telephones" appears in original rolls.
1. From moneys appropriated for this purpose from the fund
established by section 160.500, RSMo, by rule and regulation, the state
board of education shall make grants to school districts for the
acquisition of computers, data transmission lines, networking hardware
and software, science and mathematics laboratory equipment, and such
other equipment to promote the use of computers and telecommunications
technology. In determining the criteria and procedures for grants
authorized by this section, the state board of education shall consider
the advice and counsel provided by the advisory committee established
pursuant to subsection 4 of section 170.250.
2. In no case shall the grants authorized by this section exceed five
million dollars in any fiscal year. (L. 1993 S.B. 380 § 11)
*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).
Each school in each school district, as defined in section
160.010, RSMo, which offers more than one classroom section of a regular
instruction class or program, may offer at least one section of such
class or program which shall be designated as motivated. Only students
who apply for entrance into the motivated section and complete and sign a
motivated contract, established by resolution of the school board of the
district, shall be eligible for admission into a class or program
designated as motivated. The contract shall include, at a minimum:
(1) A commitment to do all required homework except when extenuating
circumstances prevent;
(2) A commitment to be respectful to teachers and other students at all
times;
(3) Provision for probationary status upon the first violation of the
contract by the student; and
(4) Provision for transfer to a regular class or program upon the third
violation of the contract within a school year by the student. (L. 1996
H.B. 1301 & 1298)
Notwithstanding any provision of law to the contrary, beginning
with the 1999-2000 school year, there is hereby established within each
subdistrict of each metropolitan school district, a pilot project of
explicit phonics instruction for students up to and including third
grade. This project shall employ the methodology of teaching public
school students to pronounce and read words by learning the phonetic
sound associations of individual letters, letter groups and syllables and
the principles governing these associations. Reading instruction using
implied recognition of words or partial words through the use of pictures
or other references other than explicit pronunciation of phonetic letter
combinations shall not be admitted as a substitute or in combination with
explicit phonics instruction. (L. 1999 H.B. 889 § 8)
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