Missouri Statute | Act | Code |Education And Libraries| US Code - US Statute | Chapter 178 Special Schools And Instruction And Special Districts

1. Whenever a blind person who is a citizen of this state and a
pupil in actual attendance in a local school district program or a
special school district program or in actual attendance at a college,
university, technical or professional school located in this state and
authorized by law to grant degrees, other than an institution established
for the regular instruction of the blind, applies to rehabilitation
services for the blind for the aid provided under this section, the state
shall pay the sum of five hundred dollars per annum with which to employ
a person or persons to read to the pupil from textbooks and pamphlets
used by him in his studies at the college, university or school.

2. Blind persons who are eligible to receive the services of a reader
under provisions of any other state or federal program are not eligible
to receive the aid provided under this section. However, money shall be
paid under this section as matching funds to the extent required to
provide services of a reader to blind persons who are eligible to receive
the services of a reader under provisions of any other state or federal
program, provided that the matching funds provided under this section
shall not exceed five hundred dollars per annum. (L. 1963 p. 200 § 13-16,
A.L. 1977 H.B. 130, A.L. 1994 S.B. 619)

(Source: RSMo 1959 § 177.140)

If possible, the person selected as a reader for the blind pupil
shall be a person who, in the judgment of the executive officer of the
institution, is worthy of the assistance in pursuing his school work
which the remuneration provided for in section 178.160 will accord him.
(L. 1963 p. 200 § 13-17)

(Source: RSMo 1959 § 177.150)

Except for school districts, the moneys shall be paid monthly
out of the general revenue fund of the state, after the beginning of the
school year of the institution, by rehabilitation services for the blind,
department of social services, to the treasurer of the institution upon
his presenting an account showing the names of individuals who received
the services and the number of hours of services each received. For
school districts, the money shall be paid out of the state school moneys
fund upon application to the department of elementary and secondary
education showing the actual number of blind pupils attending school in
the school district after the beginning of the school year with the
regular distribution of state funds provided for in sections 163.081 and
163.082*, RSMo. The account shall be verified by the executive officer of
the school district or institution. (L. 1963 p. 200 § 13-18, A.L. 1977
H.B. 130, A.L. 1981 H.B. 111, A.L. 1983 S.B. 44 & 45 merged with H.B.
785, A.L. 1994 S.B. 619)

(Source: RSMo 1959 § 177.160)

*Section 163.082 was repealed by H.B. 1450, 1982.

The board of education of any seven-director district, in its
discretion, may establish and maintain summer schools, making all
necessary rules and regulations therefor and fixing the rates of tuition
of resident pupils above the age of twenty years and of others who are
not entitled to receive free public school privileges in the district.
(L. 1963 p. 200 § 13-28, A.L. 1973 H.B. 158, A.L. 1977 H.B. 130)

(Source: RSMo 1959 § 165.553, A.L. 1961 p. 353 § 165.323)

The school board in any urban district at its discretion, and
the school board of any other seven-director district or of any
metropolitan district, upon the receipt of a petition signed by fifty or
more registered voters of the school district requesting the action, may
establish and maintain night schools, make all necessary rules and
regulations therefor, fix the rates for tuition of pupils above the age
of twenty years and of others who are not entitled to receive free public
school privileges in the district, and have general charge and control
over the school. The school board may grant the use of, or lease, any of
the public school buildings in the district to any responsible party for
the purpose of conducting a night school therein. If the use of a school
building is granted or leased for such purpose, the party using it shall
keep it clean and in good repair and leave it in as good condition as it
was when he took charge of it. If the party using the school building
fails to comply with this section, the school board shall refuse him
further use of it until he complies with this section. (L. 1963 p. 200 §
13-29, A.L. 1990 H.B. 1070)

(Source: RSMo 1959 §§ 165.120, 165.553)

As used in sections 178.295 to 178.298, the following words and
phrases mean:

(1) "Domicile", the place of residence of a child's parents or legal
guardian;

(2) "Facility", a place where juveniles are detained pursuant to section
211.141, RSMo, or placed pursuant to section 211.181, RSMo;

(3) "Legal guardian", the person appointed by a probate division, circuit
court of competent jurisdiction as the guardian of the child's person.
(L. 1982 S.B. 466 § 1 subsecs. 6, 7, A.L. 1989 H.B. 502, et al. merged
with S.B. 163)

1. The school districts, except school districts which are part
of a special school district, and special school districts in which
county- or court-operated facilities for the care and protection of
juveniles are located shall provide appropriate educational programs for
those juveniles of school age who have not been graduated from the
twelfth grade and who are placed in such facilities.

2. School districts and special school districts providing educational
programs pursuant to subsection 1 shall be entitled to receive, for
nonhandicapped children, the aid provided in section 163.031, RSMo. Aid
for programs for handicapped and severely handicapped children shall be
allocated as provided by law. No school district or special school
district providing educational programs pursuant to subsection 1 shall be
required to expend on such programs funds in excess of those received by
the district under the provisions of sections 178.295 to 178.298. (L.
1982 S.B. 466 § 1 subsecs. 1, 2, A.L. 2005 S.B. 287)

*Effective 7-1-06

1. The school districts, except school districts which are part
of a special school district, and special school districts in which
county- or court-operated facilities for the care and protection of
juveniles are located shall provide appropriate educational programs for
those juveniles of school age who have not been graduated from the
twelfth grade and who are placed in such facilities.

2. School districts and special school districts providing educational
programs pursuant to subsection 1 shall be entitled to receive, for
nonhandicapped children, the aid provided in section 163.031, RSMo, and
in addition special aid calculated in accordance with subsection 1 of
section 162.975, RSMo, for classes approved by the department of
elementary and secondary education. Aid for programs for handicapped and
severely handicapped children shall be allocated as provided by law. No
school district or special school district providing educational programs
pursuant to subsection 1 shall be required to expend on such programs
funds in excess of those received by the district under the provisions of
sections 178.295 to 178.298. (L. 1982 S.B. 466 § 1 subsecs. 1, 2)

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

1. Each school district, except school districts which are a
part of a special school district, and special school districts
constituting the domicile of any handicapped or severely handicapped
child for whom special educational services are provided pursuant to the
provisions of subsection 1 of section 178.296, shall pay toward the cost
for the educational services the amounts provided in section 162.970,
RSMo. Each school district, other than special school districts,
constituting the domicile of any nonhandicapped child for whom an
educational program is provided pursuant to the provisions of subsection
1 of section 178.296 shall pay toward the cost of such educational
program the per-pupil cost of the district providing the educational
program which exceeds the state aid per pupil per of such district;
however, the district providing the educational program shall not exceed
maximum allowable costs as determined by the state board of education. A
school district providing an educational program pursuant to the
provisions of subsection 1 of section 178.296 shall authenticate costs in
a manner acceptable to the state board of education. A school district in
which county- or court-operated facilities for the care and protection of
juveniles are located may contract with another school district,
government agency or private agency to provide the education program
required by subsection 1 of section 178.296. Each receiving district
shall annually submit a plan of expenditures for such students to the
state department of elementary and secondary education for its approval
of charges for students which are received by the district.

2. The amounts, as provided in subsection 1 of this section, for which
the domiciliary school district or special school district is
responsible, shall be paid by such district directly to the serving
district. The serving district may send written vouchers for payment as
provided in section 162.970, RSMo, and in event the responsible district
fails to pay the appropriate amount within the time allowed in such
section, the department of elementary and secondary education shall
proceed in the manner provided therein to enforce payment. (L. 1982 S.B.
466 § 1 subsecs. 3, 4, A.L. 1989 H.B. 502, et al. merged with S.B. 163)

Within twenty-four hours, excluding weekends and legal holidays,
after ordering the detention or placement of a juvenile of school age who
has not been graduated from the twelfth grade in a facility as defined in
section 178.295, the court shall notify the school district or special
school district responsible for providing an educational program for the
juvenile of the name and place of the facility where the juvenile is
placed. The notice shall be given to the school board of the district or
to an employee of the school board designated by the school board. (L.
1982 S.B. 466 § 1 subsec. 5)

Whenever in any school district in this state not less than
twenty-five employment certificates for children under sixteen years of
age have been issued and are in full force and effect, the school
district shall establish and maintain part-time schools, departments or
classes for the employed children for not less than four hours per week
and for a term not less than that in which schools are regularly in
session in the district. (L. 1963 p. 200 § 13-30)

(Source: RSMo 1959 § 162.200)

CROSS REFERENCES: Child labor, RSMo 294.011 to 294.110 Compulsory
attendance of part-time schools, RSMo 167.051

The state board of education shall establish standards for the
establishment and maintenance of the schools. (L. 1963 p. 200 § 13-31)

(Source: RSMo 1959 § 162.210)

Whenever the part-time schools meet the standards of the federal
act and the standards established by the state board of education, they
shall be entitled to share in the distribution of the federal funds
available under the provisions of the federal act, and the state funds
appropriated for the promotion of vocational education under the
provisions of the Missouri vocational education law. (L. 1963 p. 200 §
13-32)

(Source: RSMo 1959 § 162.220)

The attendance of the part-time school, department or class
shall be counted as a part of the time the minor can be employed. (L.
1963 p. 200 § 13-33)

(Source: RSMo 1959 § 162.230)

CROSS REFERENCE: Hours of work for minors, RSMo 294.030

The state board of education is responsible for the execution of
sections 178.300 to 178.360. The local school boards or school
authorities maintaining the instruction given are responsible for the
local administration of the sections. (L. 1963 p. 200 § 13-34)

(Source: RSMo 1959 § 162.240)

The state board of education may, upon special hearing in each
case, excuse a school district from either establishing or maintaining
part-time schooling. (L. 1963 p. 200 § 13-35)

(Source: RSMo 1959 § 162.250)

The state board of education shall make an annual report to the
legislature of its administration of sections 178.300 to 178.360, with
its policies and regulations, and the statistics and finances involved.
(L. 1963 p. 200 § 13-36)

(Source: RSMo 1959 § 162.260)

Any public school district in this state which has a fully
accredited high school may provide for two-year college courses in the
schools, on the approval of and subject to the supervision of the
coordinating board for higher education. (L. 1963 p. 200 § 13-37)

(Source: RSMo 1959 § 165.123)

CROSS REFERENCE: Discipline, junior college students, RSMo 178.835

The school board of the district, before the establishment of
the courses of instruction, shall determine as near as possible the per
capita cost of the college courses in the school and state the amount in
its application to the coordinating board for higher education. Upon the
approval of the college courses by the coordinating board for higher
education and upon the establishment of the college courses in the
district, the school board may require of all resident students over
twenty years of age and also all nonresident students desiring to take
the courses at the school a tuition fee in the sum thought to be
necessary for the maintenance of the college courses in the school,
taking into consideration the other funds provided by law for the support
of such college courses. (L. 1963 p. 200 § 13-38)

(Source: RSMo 1959 § 165.127)

The school board of any school district in this state in order
to carry out the provisions of sections 178.370 to 178.400, may set aside
from its funds for school purposes any sum that is not needed to maintain
the elementary and high schools in the district, for the purpose of
paying, or contributing to the payment of, the tuition of its students
who have completed the high school course and who attend a school that
maintains such college courses in any other district. In the event that
the sum is not sufficient to pay the tuition fixed by the board the sum
shall be prorated among the students taking the college courses. No
district shall set aside for the purpose a sum greater than the amount
necessary to pay the tuition so fixed by the receiving school district.
(L. 1963 p. 200 § 13-39)

(Source: RSMo 1959 § 165.133)

1. All junior colleges established prior to October 13, 1961,
are under the supervision of the coordinating board for higher education
and shall conform to the scholastic standards established by the
coordinating board, but no such district may be dissolved except as now
provided by law and in no instance because it does not meet the standards
for organization established by the coordinating board under the
provisions of section 178.770; except that no junior college established
under section 178.370 shall be denied state aid nor lose its
accreditation for a period of not less than ten years from October 13,
1975, if it continues to offer courses equal or superior to the courses
offered on October 13, 1961, and continues to have an enrollment equal to
or greater than its enrollment on October 13, 1961.

2. A junior college established in a public school district prior to
October 13, 1961, and operated continuously thereafter shall be
considered to have met the established standards of the coordinating
board for organization as a junior college district and may petition the
coordinating board for higher education to be organized under the
provisions of sections 178.770 to 178.890, the boundaries of the proposed
junior college district to be coterminous with the old district
boundaries. Upon receipt of a petition as provided in section 178.800,
the coordinating board shall call for an election in the proposed
district as provided by law.

3. If the proposal to organize a junior college district under the
provisions of sections 178.770 to 178.890 is approved by the voters, the
rate of levy of the school district property tax shall be lowered by the
percentage of the rate that was assigned in the school district the
preceding tax year for junior college purposes, and the lowered tax rate
shall thereafter be considered as the last rate approved by the voters
and shall be increased only as provided by law and in accordance with
article X, section 11(c) of the Constitution of the State of Missouri.
(L. 1963 p. 200 § 13-40, A.L. 1965 p. 307, A.L. 1975 H.B. 243, A.L. 1981
S.B. 83)

(Source: L. 1961 p. 357 § 16)

1. As used in this section, the following terms mean:

(1) "Board", state board of education;

(2) "Course", any unit of study for which an institution awards credit
hours toward the completion of an education program;

(3) "Fee", any tuition or fee or both charged by an institution for
attendance at that institution by a resident of this state;

(4) "Fee waiver", the relinquishment by the institution of its charge of
fees to a homemaker according to the provisions of this section;

(5) "Homemaker", an individual whose principal job has been homemaking,
who has lost his or her main source of income because of divorce,
separation, death or disability of a spouse, long-term family income
below poverty level, or loss of eligibility for public assistance, and
who has not been employed on a full-time basis of forty hours per week
for at least three years. Such full-time employment shall not include
seasonal occupations;

(6) "Institution", a public area vocational-technical school or a public
community junior college as established in this chapter;

(7) "Training program ready", the completion by a homemaker of a
comprehensive vocational assessment of interests, aptitudes and abilities
inventories or tests to ensure appropriate vocational educational
placement from an approved vocational assessment/evaluation program,
including the completion of a vocational orientation involving career
decision-making activities, career exploration into nontraditional
programs, new technologies and high demand occupations;

(8) "Vocational education program", an educational program for less than
a baccalaureate degree, the controlling purpose of which is to prepare
for profitable employment.

2. The board shall be the administrative agency for the implementation of
this section. The board shall:

(1) Promulgate rules and regulations for the implementation of this
section;

(2) Determine the procedures necessary for a homemaker to apply for and
receive a fee waiver and provide the necessary forms;

(3) Determine eligibility guidelines for an institution to follow in the
event that more homemakers apply for fee waivers in vocational education
programs than the institution can accommodate in any particular
enrollment period;

(4) Determine guidelines for individual eligibility and minimum standards
in order for a homemaker to become and to remain eligible to receive a
fee waiver, including becoming training program ready;

(5) Distribute annual grants to the institutions within the amounts
appropriated therefor according to the provisions of this section.

3. No rule or portion of a rule promulgated under the authority of this
section shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo.

4. Any other provision of the law to the contrary notwithstanding, an
institution may waive the fee required for attendance in a vocational
education program by a homemaker. Unless otherwise required by federal
law, the receipt of the fee waiver shall not cause a reduction from any
other agency benefits while the individual is enrolled in a vocational
education program and for a period of six months after exit to full-time
unsubsidized employment.

5. Within the limits of the amounts appropriated therefor, the board
shall award an annual grant to each institution for fee waivers. The
appropriated amount shall be divided between the area
vocational-technical schools and the community junior colleges and shall
be distributed according to the state plan for federal vocational
education funds.

6. A homemaker may receive a fee waiver from an institution if at the
time of application and throughout the period during which the homemaker
is receiving such waiver the homemaker is a citizen or permanent resident
of the United States, is a resident of the state of Missouri as defined
by the board, and is enrolled or has been accepted for enrollment in a
vocational education program the purpose of which is to prepare for
gainful employment. In no event shall a homemaker receive additional fee
waivers beyond the completion of the vocational education program for
which the homemaker is enrolled. A homemaker may change from one program
to another prior to completion of the original program without loss of
eligibility; provided, however, that the total credit hours for which
fees are waived shall not exceed the equivalent credit hours of a
community junior college associate's degree.

7. Nothing in this section shall be construed as a promise or guarantee
that a homemaker will be admitted to an institution or to a particular
program within that institution, that a homemaker will be allowed to
continue after having been admitted, or will be graduated from a program
at an institution. Each institution's rules and policies on student
advancement shall apply to homemakers receiving fee waivers. An
institution may subsequently refuse to waive fees if the homemaker has
not made satisfactory progress or has withdrawn from the program prior to
completion of the course without cause according to the institution's
rules. (L. 1988 H.B. 1456 § 22, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

Unless a different meaning is clearly required by the context,
the following words and phrases as used in sections 178.420 to 178.580
mean:

(1) "Prevocational education", education of less than college grade which
gives children an elementary acquaintance with different vocational
activities, arts or occupations and better prepares them to make an
intelligent choice of a vocation;

(2) "Linn State Technical College", a public institution with an
independent governing board, appointed by the governor and confirmed by
the senate, that has been designated by the general assembly to provide
only postsecondary vocational and technical education programs leading to
the granting of certificates, diplomas, associate of applied science
degrees or a combination thereof, but not including associate of the arts
or baccalaureate or higher degrees, the controlling purpose of which is
to prepare students for profitable employment;

(3) "Vocational education", education of less than college grade, the
controlling purpose of which is to fit for profitable employment. (L.
1963 p. 200 § 13-42, A.L. 1991 H.B. 51, et al., A.L. 1995 S.B. 101)

(Source: RSMo 1959 § 162.010)

1. The act of congress enacted by the 65th Congress at the
second session thereof, entitled "An act to provide for the promotion of
vocational education; to provide for cooperation with the states in the
promotion of such education in agriculture and the trades and industries
and home economics; to provide for cooperation with the states in the
preparation of teachers of vocational subjects; and to authorize the
appropriation of money and regulate its expenditures" and approved
February 23, 1917 (20 U.S.C.A. {{ 11-28); Public Law 346, enacted by the
78th Congress, entitled "Servicemen's Readjustment Act of 1944", and
approved June 22, 1944; Public Law 679 entitled "To authorize the
Veterans Administration to reimburse state and local agencies for
expenses incurred in rendering services in connection with the
administration of certain training programs for veterans and for other
purposes, enacted August 8, 1946" and any other subsequent acts of
congress which provide federal funds for public schools or other
educational agencies and for the necessary administration and supervision
of the same, are accepted.

2. The benefits of all funds appropriated under the provisions of such
acts are accepted as provided in the acts. (L. 1963 p. 200 § 13-43)

(Source: RSMo 1959 § 162.020, 162.030)

The state board of education is designated as the state board of
education as provided in the acts of congress, is charged with the duty
and responsibility of cooperating with the federal board for vocational
education in the administration of the acts, and is given all power
necessary to such cooperation. The state board of education in submitting
plans for the training of teachers, supervisors and directors of
agricultural subjects, and teachers of trade and industrial and home
economic subjects, as required in the acts of congress, shall provide
that they shall be trained in the state colleges and state teachers
colleges of Missouri, the University of Missouri, or in a school
maintained in a school district of a city of seventy-five thousand or
more inhabitants, insofar as their training can be provided in schools.
(L. 1963 p. 200 § 13-44) (Source: RSMo 1959 § 162.040)

The state board of education shall make studies and
investigations relating to prevocational, vocational and postsecondary
training in agriculture, industrial, home economics and commercial
subjects; promote and aid in the establishment by local communities of
public schools, departments and classes, giving training in such
subjects; cooperate with local communities in the maintenance of the
schools, departments and classes; establish standards for, test the
qualifications of, and issue certificates to the teachers and supervisors
of such subjects, and cooperate in the maintenance of schools,
departments and classes supported and controlled by the public for the
preparation of teachers and supervisors of such subjects. (L. 1963 p. 200
§ 13-45, A.L. 1991 H.B. 51, et al.)

(Source: RSMo 1959 § 162.080)

The state treasurer is the custodian of funds for vocational
education, as provided in the acts of congress, and is charged with the
duty and responsibility of receiving and providing for the proper custody
and for the proper disbursements on requisition of the state board of
education of moneys paid to the state from the appropriations made under
the provisions of the acts of congress. (L. 1963 p. 200 § 13-46)

(Source: RSMo 1959 § 162.060)

The state treasurer as custodian of funds for vocational
education and the director of revenue shall include in the annual report
to the general assembly required by section 32.060, RSMo, a report of the
receipts and disbursements of moneys received under the provisions of the
acts of congress. (L. 1963 p. 200 § 13-47)

(Source: RSMo 1959 § 162.070)

Any approved school, department or class giving instruction in
agriculture, industrial, home economics, or commercial subjects is
entitled to share in the federal money, conditioned that for each dollar
of federal money expended for salaries the state or local community, or
both, shall expend an equal amount. The state board of education shall
recommend to each session of the general assembly the amount of money
which should be appropriated by the state for such allotments during each
succeeding biennial period. (L. 1963 p. 200 § 13-48)

(Source: RSMo 1959 § 162.090)

Whenever the board of education of any school district
maintaining a high school in this state desires to form a contractual
relation for the purpose of providing vocational education services for
high school students not available within the school district, the board
of education of the school district may contract with any other school
district or districts or any state institution of higher learning
maintaining a high school in the state of Missouri to supply the
vocational education services for high school students that are not
provided in the respective districts. For purposes of sections 178.490 to
178.510 vocational education shall be as defined by the state board of
education. (L. 1963 p. 200 § 13-49)

(Source: RSMo 1959 § 162.100)

The school boards of school districts entering into contract for
vocational education services for high school students enrolled in one or
more vocational courses may also contract for additional instruction in
courses of study approved by the state board of education for graduation
from high school in the state of Missouri. (L. 1963 p. 200 § 13-50)

(Source: RSMo 1959 § 162.110)

The board of education of the contracting district shall pay to
the receiving school district or state institution of higher learning a
tuition fee which shall include the per pupil cost from teachers,
incidental, building and repairs for supplying the school services, less
the per pupil share of any state or federal reimbursement or other state
aid paid to the receiving school on account of the attendance of the
pupils from the contracting district. In case of any disagreement as to
the amount of the cost of the services either or both of the contracting
parties may submit the facts to the state board of education and its
decision in the matter shall be final. The receiving school shall report
to the sending school the attendance of all pupils covered under the
contracts and the attendance of the pupils shall be credited as provided
by law for the apportionment of the state school moneys by the state
board of education. If the sending school district transports pupils
under the contract, there shall be apportioned from the state school
moneys fund a transportation reimbursement as provided for in section
163.161, RSMo. (L. 1963 p. 200 § 13-51)

(Source: RSMo 1959 § 162.120)

Whenever the general assembly makes no other appropriation for
carrying out the provisions of sections 178.420 to 178.580 or makes an
appropriation which is not sufficient to entitle this state to all the
federal moneys which may be allotted to it, the school board of any
school district in this state, the board of regents of any state college
or state teachers college, and the board of curators of the university
may make the appropriations from any funds under their control that are
necessary to enable the school district, state college, state teachers
college or university to take advantage of the provisions of sections
178.420 to 178.580. When the appropriation has been made, a warrant shall
be drawn in favor of the treasurer of the state of Missouri for the
amount. The moneys so received from the various school districts, state
colleges, state teachers colleges and state university shall be placed by
the state treasurer into a special fund to be known as the "Vocational
Education Fund", and shall be the "state money" referred to in sections
178.420 to 178.580. The state board of education shall pay back to any
school district, state college, state teachers college, or university,
out of the vocational education fund:

(1) Any surplus money paid into the fund by it and which shall not be
needed to secure for it the benefits of this law, and

(2) All money paid by it, if it fails to meet prescribed conditions and
is therefore unable to participate in the distribution of federal moneys
under sections 178.420 to 178.580. (L. 1963 p. 200 § 13-52)

(Source: RSMo 1959 § 162.130)

The state board of education shall establish standards and
annually inspect, as a basis for approval, all public prevocational,
vocational schools, Linn State Technical College, departments and classes
receiving state or federal moneys for giving training in agriculture,
industrial, home economics and commercial subjects and all schools,
departments and classes receiving state or federal moneys for the
preparation of teachers and supervisors of such subjects. The public
prevocational and vocational schools, Linn State Technical College,
departments, and classes, and the training schools, departments and
classes are entitled to the state or federal moneys so long as they are
approved by the state board of education, as to site, plant, equipment,
qualifications of teachers, admission of pupils, courses of study and
methods of instruction. All disbursements of state or federal moneys for
the benefit of the approved prevocational and vocational schools, Linn
State Technical College, departments and classes shall be made
semiannually. The school board of each approved school or the governing
body of Linn State Technical College shall file a report with the state
board of education at the times and in the form that the state board
requires. Upon receipt of a satisfactory report, the state board of
education shall certify to the commissioner of administration for his
approval the amount of the state and federal moneys due the school
district or Linn State Technical College. The amount due the school
district shall be certified by the commissioner of administration and
proper warrant therefor shall be issued to the district treasurer or Linn
State Technical College. (L. 1963 p. 200 § 13-53, A.L. 1977 S.B. 82
merged with H.B. 130, A.L. 1991 H.B. 51, et al., A.L. 1995 S.B. 101)

(Source: RSMo 1959 § 162.140)

The state commissioner of education is the executive officer of
the state board for the administration of sections 178.420 to 178.580. He
shall appoint, with the approval of the board, the assistants that are
necessary to properly carry out the provisions of sections 178.420 to
178.580. (L. 1963 p. 200 § 13-54)

(Source: RSMo 1959 § 162.150)

The president of the state board of education shall annually
appoint a committee of five members to be known as the "State Advisory
Committee for Vocational Education". The state advisory committee shall
consist of one person of experience in agriculture; one employer; one
representative of labor; one person of experience in home economics; one
person of experience in commerce. The state commissioner of education is
ex officio a member and the chairman of the advisory committee. The state
board of education shall formulate general principles and policies for
the administration of sections 178.420 to 178.580, which, when they have
been approved by the state advisory committee, shall be put into effect.
Joint conferences between the state board of education and advisory
committee shall be held at least four times each year. All members of the
state advisory committee shall be reimbursed for their actual expenses in
attending the conferences. (L. 1963 p. 200 § 13-55)

(Source: RSMo 1959 § 162.160)

The school board of any school district or the governing board
of Linn State Technical College maintaining a prevocational or vocational
school, Linn State Technical College, department or class receiving the
benefit of state or federal moneys under the provisions of sections
178.420 to 178.580, as a condition of approval by the state board of
education and the state commissioner of education, shall appoint persons
of experience in agriculture, industry, home economics and commerce to
give advice and assistance to the school board or governing board in the
establishment and maintenance of the schools, departments and classes.
The persons of experience shall serve without compensation. (L. 1963 p.
200 § 13-56, A.L. 1991 H.B. 51, et al., A.L. 1995 S.B. 101)

(Source: RSMo 1959 § 162.170)

The state board of education may incur the expenditures for the
salaries of assistants and the office and other expenses that it deems
necessary to the proper administration of sections 178.420 to 178.580 and
of the funds allotted to the state of Missouri under the provisions of
the acts of congress. (L. 1963 p. 200 § 13-57)

(Source: RSMo 1959 § 162.050, 162.180)

The state board shall make to the general assembly at each
biennial session thereof, a report on the administration of this law and
the acts of congress accepted by this law and on the expenditures of
money by the state under the provisions of this law and the acts of
congress. (L. 1963 p. 200 § 13-58)

(Source: RSMo 1959 § 162.190)

1. Under rules and regulations of the state board of education,
the commissioner of education, in cooperation with the director of the
division of employment security of the department of labor and industrial
relations, shall establish procedures to provide grants to public high
schools, vocational-technical schools, Linn State Technical College, and
community colleges solely for the purpose of new programs, curriculum
enhancement, equipment and facilities so as to upgrade vocational and
technical education in the state.

2. Each vocational-technical school, community college, Linn State
Technical College, and school district of any public high school
receiving a grant authorized by this section shall have an advisory
committee composed of local business persons, labor leaders, parents,
senior citizens, community leaders and teachers to establish a plan to
ensure that students who graduate from the vocational-technical school,
community college, Linn State Technical College, or public high school
proceed to a four-year college or high wage job with workplace-skill
development opportunities.

3. Beginning July 1, 1994, the director of the division of employment
security of the department of labor and industrial relations shall
provide annually to the commissioner of education a listing of demand
occupations in the state including substate projections. The listing
shall include those occupations for which, in the judgment of the
director of the division of employment security, there is a critical
shortage to meet present or future employment needs necessary to the
economic growth and competitiveness of the state.

4. In any fiscal year, at least seventy-five percent of all moneys for
the grant awards authorized by this section shall be to public high
schools, vocational-technical schools, Linn State Technical College, or
community colleges for new programs, curriculum enhancement or equipment
necessary to address demand occupations identified pursuant to subsection
3 of this section. (L. 1993 S.B. 380 § 16, A.L. 1995 S.B. 101)

*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).

The provisions and benefits of the act of congress, entitled "An
act to provide for the promotion of vocational rehabilitation of persons
disabled in industry or otherwise and their return to civil employment",
approved June 2, 1920, (29 U.S.C.A. {{ 31 to 41), and any amendments
thereto are accepted. (L. 1963 p. 200 § 13-59)

(Source: RSMo 1959 § 162.280)

The state treasurer is designated and appointed custodian of all
moneys received by the state from appropriations made by the Congress of
the United States for the vocational rehabilitation of persons disabled
in industry or otherwise, and may receive and provide for the proper
custody of the moneys and may make disbursements therefrom upon the order
of the state board of education. (L. 1963 p. 200 § 13-60)

(Source: RSMo 1959 § 162.290)

The state board of education shall:

(1) Cooperate with the federal board for vocational education in the
administration of the provisions of the act, approved June 2, 1920, and
amendments thereto;

(2) Prescribe and provide the courses of vocational training that are
necessary for the vocational rehabilitation of persons disabled in
industry or otherwise;

(3) Provide for the supervision of the training and appoint the
assistants necessary to administer the act, and fix their compensation;

(4) Direct the disbursement and administer the use of all funds provided
by the federal government and allotted for the vocational rehabilitation
of such persons. (L. 1963 p. 200 § 13-61)

(Source: RSMo 1959 § 162.300)

The state board of education shall formulate a plan of
cooperation in carrying out the provisions of sections 178.590 to 178.630
and of the act of Congress, with the Missouri workers' compensation
commission. (L. 1963 p. 200 § 13-62)

(Source: RSMo 1959 § 162.310)

The state board of education may receive gifts and donations,
either from public or private sources, that are offered unconditionally
or under conditions related to the vocational rehabilitation of persons
disabled in industry or otherwise and consistent with the provisions of
sections 178.590 to 178.630. All moneys received as gifts or donations
shall be deposited in the state treasury and shall constitute a permanent
fund to be called the special fund for the vocational rehabilitation of
disabled persons, to be used by the board to defray the expenses of
vocational rehabilitation in special cases including the payment of
necessary expenses of persons undergoing training. A full report of all
gifts and donations offered and accepted, together with the names of the
donors and the respective amounts contributed by each, and all
disbursements therefrom shall be submitted biennially to the general
assembly. (L. 1963 p. 200 § 13-63)

(Source: RSMo 1959 § 162.320)

CROSS REFERENCE: Special fund for the vocational rehabilitation of
persons, abolished subject to exemption, RSMo 33.571

If the facilities, equipment, and adjoining grounds of Linn
Technical College located in Osage County and commonly known as the East
Campus of Linn Technical College, as well as the cash reserves of Linn
Technical College are made available to the state of Missouri as a gift
by the Osage R-II school district, there shall be established at that
site a state technical college, to be known as "Linn State Technical
College". (L. 1995 S.B. 101 § 1)

The governing board of Linn State Technical College shall be a
board of regents composed of seven voting members and one nonvoting
student member. Such members shall be appointed by the governor with the
advice and consent of the senate after August 28, 1995, and after the
conditions of section 178.631 are satisfied. No person shall be appointed
to the board who is not a citizen of the United States and who has not
been a resident of the state of Missouri for at least two years
immediately prior to his appointment. Not less than three voting members
shall belong to one of the two major political parties and not less than
three shall belong to the other major political party. Not more than two
voting members shall reside in Osage County or other immediately
contiguous counties. (L. 1995 S.B. 101 § 2)

Voting members of the board shall be appointed for terms of six
years, except that of the voting members first appointed, two shall serve
for two years, two for four years, and three for six years. The terms and
conditions of service for nonvoting members shall be the same as provided
by law for the University of Missouri. (L. 1995 S.B. 101 § 3)

The board of regents of Linn State Technical College, while
attending the meetings of the board, shall receive their actual and
necessary expenses, which shall be paid out of the ordinary revenues of
the institution. Vacancies in terms of office caused by death,
resignation or removal shall be filled in the manner provided by law for
such vacancies on the board of curators of the University of Missouri.
(L. 1995 S.B. 101 § 4)

1. The board of regents of Linn State Technical College shall
organize in the manner provided by law for the board of curators of the
University of Missouri. The powers, duties, authority, responsibilities,
privileges, immunities, liabilities and compensation of the board of Linn
State Technical College in regard to Linn State Technical College shall
be the same as those prescribed by statute for the board of curators of
the University of Missouri in regard to the University of Missouri,
except that Linn State Technical College shall be operated only as a
state technical college. Nothing in this section shall be construed to
authorize Linn State Technical College to become a community college or a
university offering four-year or graduate degrees.

2. All lawful bonded indebtedness incurred by the issuance of revenue
bonds, as defined in section 176.010, RSMo, by Linn Technical College,
shall be deemed to be an indebtedness of the board of regents of Linn
State Technical College after the date upon which the conditions of
section 178.631 are met. Such indebtedness shall be retired through
tuition revenues. (L. 1995 S.B. 101 § 5)

1. Linn State Technical College shall be a special purpose
institution that shall make available to students from all areas of the
state exceptional educational opportunities through highly specialized
and advanced technical education and training at the certificate and
associate degree level in both emerging and traditional technologies with
particular emphasis on technical and vocational programs not commonly
offered by community colleges or area vocational technical schools.
Primary consideration shall be placed on the industrial and technological
manpower needs of the state. In addition, Linn State Technical College is
authorized to assist the state in economic development initiatives and to
facilitate the transfer of technology to Missouri business and industry
directly through the graduation of technicians in advanced and emerging
disciplines and through technical assistance provided to business and
industry. Linn State Technical College is authorized to provide technical
assistance to area vocational technical schools and community colleges
through supplemental on-site instruction and distance learning as such
area vocational technical schools and community colleges deem appropriate.

2. Consistent with the mission statement provided in subsection 1 of this
section, Linn State Technical College shall offer vocational and
technical programs leading to the granting of certificates, diplomas, and
applied science associate degrees, or a combination thereof, but not
including associate of arts or baccalaureate or higher degrees. Linn
State Technical College shall also continue its role as a recognized area
vocational technical school as provided by policies and procedures of the
state board of education. (L. 1995 S.B. 101 § 6)

1. Within twelve months after August 28, 1995, and after the
conditions of section 178.631 are satisfied, the board of regents of Linn
State Technical College shall submit to the coordinating board for higher
education, for the approval of the coordinating board, a five-year plan
outlining the changes necessary for the institution to realize its new
mission as a state technical college. The plan shall include, but shall
not be limited to, such issues as admissions policies, new degrees
programs to be developed, plans for attaining regional accreditation as a
postsecondary institution, provisions for assessment of student learning
and overall institutional performance, a fiscal plan for achieving
institutional priorities, measurable goals and objectives for the
institution, and specific provisions for coordinating with existing
community colleges and area vocational technical schools. As this plan is
developed it shall be assumed that tuition and fees for this institution
shall be comparable to public four-year institutions rather than public
two-year institutions. A copy of the five-year plan shall also be
submitted to the state board of education for its review and comment, and
the coordinating board shall give due consideration to the views of the
state board in its approval process for the plan.

2. Within twelve months after August 28, 1995, and prior to completing
action on any five-year mission implementation plan submitted by Linn
State Technical College, the coordinating board for higher education
shall complete, in cooperation with the state board of education, a
comprehensive assessment of postsecondary vocational technical education
in the state of Missouri. Such study shall include, but not be limited
to, the adequacy of Missouri's delivery system for postsecondary
vocational technical education, including the role of area vocational
schools and community colleges, in meeting the needs of the state and its
citizens, businesses, and industries for vocational technical education
opportunities of high quality in terms of the quality of its services,
its arrangements for efficient and effective governance, and its method
and level of financing. This study shall develop a master plan for
advanced technical and vocational training in the state of Missouri
coordinating area vocation school sites with area community colleges and
Linn State Technical College to form advanced vocational and technical
training facilities. The plan shall establish a mechanism for meeting the
needs of citizens, business and industry in this state with the goal of
obtaining a skilled, high-demand workforce. The plan shall contain a
means of funding advanced technical and vocational training in line with
a strong state policy for a highly skilled, in-demand workforce. The plan
shall further set forth a mechanism for coordination of the delivery
system between Linn State Technical College, area community colleges and
area vocational schools within the service districts of the respective
community colleges. Programs to be offered and funded by the state shall
be contemplated by the plan. Funding of the programs offered may be tied
to cooperation of area vocational schools and area community colleges;
except that, no mandates may be included on any program which is funded
in whole or in part by local funds, unless the cost of the program is
paid by the state. The plan shall further indicate and anticipate the
role of telecommunications in delivery of classes between Linn State
Technical College, area community colleges and area vocational sites. The
coordinating board shall make such recommendations regarding any
improvements in the postsecondary vocational education delivery system as
it deems appropriate and shall report its findings to the governor, the
speaker of the house of representatives, the president pro tempore of the
senate, and the state board of education.

3. After the conditions of this section and section 178.631 are
satisfied, Linn State Technical College shall be deemed to be a qualified
college, university, or educational institution for the purposes of any
higher education student loan, grant, or scholarship program established
pursuant to state law. (L. 1995 S.B. 101 § 7)

Linn State Technical College shall be under the oversight of the
coordinating board for higher education. The institution shall also be
subject to oversight by the state board of education to the extent it
serves as an area vocational technical school. Beginning in the first
full state fiscal year subsequent to the approval of Linn State Technical
College's plan by the coordinating board submitted pursuant to section
178.637, the state of Missouri shall, subject to appropriation, provide
the funds necessary to provide the staff, cost of operation, and payment
of all new capital improvements commencing with that fiscal year. All
funds designated for the institution shall be included in the
coordinating board's budget request as provided in chapter 173, RSMo,
except that vocational technical education reimbursements shall continue
to be requested through the state board of education. (L. 1995 S.B. 101 §
8)

Any person who becomes an employee of the Linn State Technical
College after the conditions of section 178.631 are met, shall become a
member of the Missouri state employees' retirement system, if the person
otherwise meets the requirements for membership in that system. (L. 1995
S.B. 101 § 9)

1. Employees of the technical college commonly known as the Linn
Technical College, who become employees of the Linn State Technical
College on the date the conditions of section 178.631 are met, shall, on
that date, become members of the Missouri state employees' retirement
system if they otherwise meet the requirements for membership in that
system.

(1) Any such employee who had been contributing to a retirement system
established by sections 169.010 to 169.141 or 169.600 to 169.715, RSMo,
may elect one of the following:

(a) All creditable service with the public school retirement system of
Missouri or the public education employee retirement system of Missouri
resulting from employment with the Linn Technical College shall be
forfeited and an equal amount of service shall be transferred to and
recognized as prior creditable service by the Missouri state employees'
retirement system, and the member, upon application, shall receive a
refund of accumulated contributions associated with such transferred
service from the system to which member contributions had been made; or

(b) All creditable service with the public school retirement system of
Missouri or the public education employee retirement system, regardless
of the source of such creditable service, shall be recognized by the
applicable system and the person, notwithstanding any of the provisions
of chapter 169, RSMo, shall immediately vest in the applicable system
and, upon attainment of the minimum retirement age of the applicable
system, be entitled to a monthly benefit based on such creditable service
and the law in effect at the time of retirement, provided the person does
not withdraw accumulated contributions associated with such creditable
service.

(2) With respect to those persons electing to receive a refund under
paragraph (a) of subdivision (1) of this section, the public school
retirement system of Missouri or the public education employee retirement
system of Missouri, whichever is applicable, shall transfer to the
Missouri state employees' retirement system an amount equal to the
actuarial accrued liability for the forfeited creditable service,
determined as if the person were going to continue to be an active member
of the public school retirement system of Missouri or the public
education employee retirement system as applicable, less the amount of
any refunds of member contributions. In addition, notwithstanding any of
the provisions of chapter 169, RSMo, any person who elects to receive a
refund under paragraph (a) of subdivision (1) of this section and has
creditable service with the public school retirement system of Missouri
or the public education employee retirement system of Missouri resulting
from employment with any employer other than the Linn Technical College
shall, with respect to such service, immediately vest in the applicable
system and, upon attainment of the minimum retirement age of the
applicable system, be entitled to a monthly benefit based on such
creditable service and the law in effect at the time of retirement,
provided the person does not withdraw accumulated contributions
associated with such creditable service.

(3) The election under subdivision (1) of this section shall be made
within ninety days after the conditions of section 178.631 are met. Any
person who fails to make an election within that period shall be deemed
to have elected to be governed by paragraph (a) of subdivision (1) of
this section.

2. In no event shall any person receive service credit for the same
period of service under more than one retirement system as a result of
the provisions of this act**. (L. 1995 S.B. 101 § 10)

*Reprinted due to editorial change.

**"This act" (S.B. 101, 1995) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

As used in sections 178.651 to 178.658, the following words mean:

(1) "Centers" or "centers for independent living", community-based
nonresidential programs designed to promote independent living for
persons with disabilities;

(2) "Division", the division of vocational rehabilitation of the
department of elementary and secondary education;

(3) "Nonprofit corporation", a corporation in which no part of the net
earnings inures to the benefit of any private shareholder or individual
and the income of which is exempt from taxation under 26 U.S.C.A. section
501(c)(3);

(4) "Person with a disability", any person who:

(a) Has a physical or mental impairment which substantially limits one or
more of such person's major life activities;

(b) Has a record of such an impairment; or

(c) Is regarded as having such an impairment. (L. 1988 H.B. 975 § 1)

1. The division shall, in consultation with persons with
disabilities, develop a plan to fund and maintain organizations currently
meeting the guidelines set forth in sections 178.651 to 178.673 for
centers and establish and maintain new centers to assure services
statewide, as such services are described in sections 178.651 to 178.673.

2. The division shall promulgate rules and regulations for the
implementation of sections 178.651 to 178.673. No rule or portion of a
rule promulgated under the authority of sections 178.651 to 178.673 shall
become effective unless it has been promulgated pursuant to the
provisions of section 536.024, RSMo. (L. 1988 H.B. 975 § 2, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)

1. There is hereby created in the state treasury the
"Independent Living Center Fund" which shall be administered by the
division of vocational rehabilitation of the department of elementary and
secondary education. Moneys in the fund shall, upon appropriation, be
used to establish and maintain centers for independent living, as defined
in section 178.651, in accordance with the long-term plans developed
pursuant to the provisions of section 178.652.

2. The independent living center fund shall be funded with fees payable
pursuant to the provisions of section 178.653.

3. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, all moneys in the fund created by this section shall not
be transferred and placed to the credit of the general revenue fund at
the end of each biennium. (L. 1993 S.B. 167 § 3 merged with S.B. 180 § 8)

The division shall assist individuals and organizations in the
planning and establishment of centers for independent living. Subject to
appropriations, the division shall provide financial assistance in the
form of grants to such centers. The division shall ensure program
accountability and shall monitor and evaluate centers which receive
grants under the provisions of sections 178.651 to 178.658. Such
evaluations shall contain, but need not be limited to, the following
standards:

(1) The center shall manifest independent living philosophy;

(2) The center shall have a positive impact on consumer achievement of
independent living goals;

(3) The center shall have a positive impact on community options for
independent living;

(4) The center shall provide appropriate independent living services to
persons with disabilities and their families;

(5) The center shall provide appropriate services to increase community
capacity to meet the needs of persons with disabilities;

(6) Qualified persons with disabilities shall be substantially involved
in the policy direction, decision-making, service delivery, and
management of the center, and given preference as members of board of
directors, managers and supervisors, and staff. Substantial involvement
shall be evidenced by at least fifty-one percent of the members of the
board of directors, managers, supervisors and staff being qualified
persons with disabilities;

(7) The center shall establish clear priorities through annual and
three-year program and financial planning;

(8) The center shall use sound organizational and personnel management
practices;

(9) The center shall practice sound fiscal management;

(10) The center shall maintain an evaluation system and records adequate
to measure performance on these independent living center evaluation
standards. (L. 1988 H.B. 975 § 3)

1. Centers for independent living shall be community-based
nonresidential programs designed to promote independent living for
persons with disabilities. Such centers shall be organized as nonprofit
corporations with persons with disabilities comprising at least fifty-one
percent of the governing board of directors.

2. At least fifty-one percent of the staff of such centers shall be
persons with disabilities.

3. The center shall provide to persons with disabilities within the
center's target population and their families the following independent
living services:

(1) Advocacy;

(2) Independent living skills training, which shall include but shall not
be limited to health care and financial management;

(3) Peer counseling;

(4) Information and referral to all inquirers including those from
outside the center's target population.

4. The center may provide or make available, but is not limited to, the
following:

(1) Legal services;

(2) Other counseling services, which may include nonpeer, group, and
family counseling;

(3) Housing services;

(4) Equipment services;

(5) Transportation services;

(6) Social and recreational services;

(7) Educational services;

(8) Vocational services, including supported employment;

(9) Reader, interpreter, and other communication services;

(10) Attendant and homemaker services; and

(11) Electronic services.

5. To qualify as a center for independent living under the provisions of
sections 178.651 to 178.658, centers shall serve at least four of the
following types of disabilities:

(1) Mobility;

(2) Orthopedic;

(3) Hearing impaired or deaf;

(4) Vision impaired or blind;

(5) Neurological;

(6) Mental retardation;

(7) Developmental;

(8) Psychiatric or mental; or

(9) Learning.

6. Centers shall make maximum use of existing resources available to
persons with disabilities and shall not duplicate any existing services
or programs in the geographic areas to the extent that such services or
programs are available through other state resources. Such centers shall,
however, provide information and referral to assist persons with
disabilities in obtaining available services and shall coordinate, where
feasible, the delivery of such services.

7. Centers shall operate in compliance with all applicable local laws and
ordinances. (L. 1988 H.B. 975 § 4)

Centers for independent living shall be located throughout the
state. Funding for such centers shall not be awarded to more than one
center in any city. (L. 1988 H.B. 975 § 5)

As used in sections 178.691 to 178.699, unless the context
requires otherwise:

(1) "Developmental screening" is the process of measuring the progress of
children to determine if there are problems or potential problems or
advanced abilities in the areas of understanding and use of language,
perception through sight, perception through hearing, motor development
and hand-eye coordination, health, and physical development.

(2) "Developmentally delayed children" are children who, through
developmental screening, are found to be performing below the norm for
their age in one or more of the following skill areas: understanding and
use of language, perception through sight, perception through hearing,
motor development and hand-eye coordination.

(3) "Handicapped children" and "severely handicapped children" are those
so defined in section 162.675, RSMo.

(4) "Parent education" includes the provision of resource materials on
home learning activities, private and group educational guidance,
individual and group learning experiences for the parent and child, and
other activities that enable the parent to improve learning in the home.
(L. 1984 S.B. 658 § 1)

1. School districts that offer an approved program of parent
education shall be eligible for state reimbursement, pursuant to section
163.031, RSMo, subject to appropriations therefor for each participating
family. If a school district fails or is unable to offer an approved
program of parent education, the district shall enter into a contract
which meets the requirements under section 178.697, with another
district, public agency or state approved not-for-profit agency offering
an approved program for such services. If the district finds that no
approved program is available in another district, public agency, or
through a state approved not-for-profit agency, it shall request the
state department of elementary and secondary education to assist it in
obtaining from an approved program, services at the reimbursable rate.

2. School districts that offer an approved program of developmental
screening for all children under the age of five years shall be eligible
for state reimbursement, pursuant to section 163.031, RSMo, subject to
appropriations therefor for each participating child. If a school
district fails or is unable to offer an approved program of developmental
screening, the district shall enter into a contract which meets the
requirements under section 178.697, with another district, public agency
or state approved not-for-profit agency offering an approved program for
such services. If the district finds that no approved program is
available in another district, public agency or state approved
not-for-profit agency, it shall request the state department of
elementary and secondary education to assist it in obtaining from an
approved program, services at the reimbursable rate.

3. School districts that offer approved programs for developmentally
delayed children ages three and four who may also be eligible for
programs under the provisions of sections 162.670 to 162.995, RSMo, shall
be eligible for state reimbursement, pursuant to section 163.031, RSMo,
subject to appropriations, provided the children are not receiving the
same or similar services for handicapped or severely handicapped children
under another program for which reimbursements from the department of
elementary and secondary education are available to the district. If a
school district fails or is unable to offer an approved program for
developmentally delayed children ages three and four, the district shall
enter into a contract which meets the requirements under section 178.697,
with another district, public agency or state approved not-for-profit
agency offering an approved program for such services. If the district
finds that no approved program is available in another district, public
agency or state approved not-for-profit agency, it shall request the
state department of elementary and secondary education to assist it in
obtaining from an approved program, services at the reimbursable rate.
(L. 1984 S.B. 658 § 2, A.L. 1985 H.B. 463, A.L. 1993 S.B. 380)

1. Programs shall be subject to review and approval under
standards developed by the department of elementary and secondary
education consisting of early childhood education and parents as teachers
programs and published as an administrative rule under the provisions of
chapter 536, RSMo.

2. The lieutenant governor shall act as an advisor to the department for
all such programs reviewed by the department. (L. 1984 S.B. 658 § 3, A.L.
1992 S.B. 676 Adopted by Referendum, Proposition C, November 3, 1992)

Effective 11-3-92

1. Funding for sections 178.691 to 178.699 shall be made
available pursuant to section 163.031, RSMo, and shall be subject to
appropriations made for this purpose.

2. Costs of contractual arrangements shall be the obligation of the
school district of residence of each preschool child. Costs of
contractual arrangements shall not exceed an amount equal to an amount
reimbursable to the school districts under the provisions of sections
178.691 to 178.699. No program shall be approved or contract entered into
which requires any additional payment by participants or their parents or
guardians.

3. Payments for participants for programs outlined in section 178.693
shall be uniform for all districts or public agencies. (L. 1984 S.B. 658
§ 4, A.L. 1993 S.B. 380)

Pursuant to the educational and screening program for children
under age five and their parents established in sections 178.691 to
178.699, in its budget requests for fiscal years 1995, 1996, and 1997, in
anticipation of moneys from the trust fund established in section
160.500, RSMo, the department of elementary and secondary education shall
include a plan to distribute sufficient moneys to public school districts
to allow all eligible children and their parents to voluntarily
participate in the program beginning with the 1997-98 school year. (L.
1993 S.B. 380 § 15)

*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. No person shall be required to participate in any program of
parent education or developmental screening, or in any program for
developmentally delayed children, approved by the department of
elementary and secondary education pursuant to sections 178.691 to
178.699.

2. Any information obtained as a result of an approved program of
developmental screening is confidential, and may not be released to
anyone other than parents or guardians without the express written
consent of the parents or guardians of the child. (L. 1984 S.B. 658 § 5)

As used in sections 178.760 to 178.764, the following terms mean:

(1) "Agreement", the agreement between an employer and a junior college
district concerning a project. An agreement may be for a period not to
exceed ten years when the program services associated with a project are
not in excess of five hundred thousand dollars. For a project where the
associated program costs are greater than five hundred thousand dollars,
the agreement may not exceed a period of eight years;

(2) "Board of trustees", the board of trustees of a junior college
district;

(3) "Capital investment", an investment in research and development,
working capital, and real and tangible personal business property except
inventory or property intended for sale to customers. Trucks, truck
trailers, truck semi-trailers, rail and barge vehicles and other rolling
stock for hire, track, switches, barges, bridges, tunnels, rail yards,
and spurs shall not qualify as a capital investment. The amount of such
investment shall be the original cost of the property if owned, or eight
times the net annual rental rate if leased;

(4) "Certificate", industrial retained jobs training certificates issued
under section 178.763;

(5) "Date of commencement of the project", the date of the agreement;

(6) "Employee", the person employed in a retained job;

(7) "Employer", the person maintaining retained jobs in conjunction with
a project;

(8) "Industry", a business located within this state which enters into an
agreement with a community college district and which is engaged in
interstate or intrastate commerce for the purpose of manufacturing,
processing, or assembling products, conducting research and development,
or providing services in interstate commerce, but excluding retail
services;

(9) "Program costs", all necessary and incidental costs of providing
program services, including payment of the principal, premium, and
interest on certificates, including capitalized interest, issued to
finance a project, funding and maintenance of a debt service reserve fund
to secure such certificates and wages, salaries and benefits of employees
participating in on-the-job training;

(10) "Program services" includes, but is not limited to, the following:

(a) Retained jobs training;

(b) Adult basic education and job-related instruction;

(c) Vocational and skill-assessment services and testing;

(d) Training facilities, equipment, materials, and supplies;

(e) On-the-job training;

(f) Administrative expenses equal to seventeen percent of the total
training costs, two percent to be paid to the department of economic
development for deposit into the Missouri job development fund created
under section 620.478, RSMo;

(g) Subcontracted services with state institutions of higher education,
private colleges or universities, or other federal, state, or local
agencies;

(h) Contracted or professional services; and

(i) Issuance of certificates;

(11) "Project", a training arrangement which is the subject of an
agreement entered into between the community college district and an
employer to provide program services that is not also the subject of an
agreement entered into between a community college district and an
employer to provide program services under sections 178.892 to 178.896;

(12) "Retained job", a job in a stable industry, not including jobs for
recalled workers, which was in existence for at least two consecutive
calendar years preceding the year in which the application for the
retained jobs training program was made;

(13) "Retained jobs credit from withholding", the credit as provided in
section 178.762;

(14) "Retained jobs training program", or "program", the project or
projects established by a community college district for the retention of
jobs, by providing education and training of workers for existing jobs
for stable industry in the state;

(15) "Stable industry", a business that otherwise meets the definition of
industry and retains existing jobs. To be a stable industry, the business
shall have:

(a) Maintained at least one hundred employees per year at the employer's
site in the state at which the jobs are based, for each of the two
calendar years preceding the year in which application for the program is
made;

(b) Retained at that site the level of employment that existed in the
taxable year immediately preceding the year in which application for the
program is made; and

(c) Made or agree to make a capital investment aggregating at least one
million dollars to acquire or improve long-term assets (including leased
facilities) such as property, plant, or equipment (excluding program
costs) at the employer's site in the state at which jobs are based over a
period of three consecutive calendar years, as certified by the employer
and:

a. Have made substantial investment in new technology requiring the
upgrading of worker's skills; or

b. Be located in a border county of the state and represent a potential
risk of relocation from the state; or

c. Be determined to represent a substantial risk of relocation from the
state by the director of the department of economic development;

(16) "Total training costs", costs of training, including supplies, wages
and benefits of instructors, subcontracted services, on-the-job training,
training facilities, equipment, skill assessment, and all program
services excluding issuance of certificates. (L. 2004 S.B. 1155 § 178.980)

A community college district, with the approval of the
department of economic development in consultation with the office of
administration, may enter into an agreement to establish a project and
provide program services to an employer. As soon as possible after
initial contact between a community college district and a potential
employer regarding the possibility of entering into an agreement, the
district shall inform the division of workforce development of the
department of economic development and the office of administration about
the potential project. The division of workforce development shall
evaluate the proposed project within the overall job training efforts of
the state to ensure that the project will not duplicate other job
training programs. The department of economic development shall have
fourteen days from receipt of the application to approve or disapprove
projects. If no response is received by the community college within
fourteen days, the projects are approved. Any project that is disapproved
must be in writing stating the reasons for the disapproval. If an
agreement is entered into, the district and the employer shall notify the
department of revenue within fifteen calendar days. An agreement may
provide, but is not limited to:

(1) Payment of program costs, including deferred costs, which may be paid
from one or a combination of the following sources:

(a) Funds appropriated by the general assembly from the Missouri
community college job retention program fund and disbursed by the
division of workforce development in respect of retained jobs credit from
withholding to be received or derived from retained employment resulting
from the project;

(b) Tuition, student fees, or special charges fixed by the board of
trustees to defray program costs in whole or in part;

(c) Guarantee of payments to be received under paragraph (a) or (b) of
this subdivision;

(2) Payment of program costs shall not be deferred for a period longer
than ten years if program costs do not exceed five hundred thousand
dollars, or eight years if program costs exceed five hundred thousand
dollars from the date of commencement of the project;

(3) Costs of on-the-job training for employees shall include wages or
salaries of participating employees. Payments for on-the-job training
shall not exceed the average of fifty percent of the total percent of the
total wages paid by the employer to each participant during the period of
training. Payment for on-the-job training may continue for up to six
months from the date of the employer's capital investment;

(4) A provision which fixes the minimum amount of retained jobs credit
from withholding, or tuition and fee payments which shall be paid for
program costs;

(5) Any payment required to be made by an employer is a lien upon the
employer's business property until paid and has equal precedence with
ordinary taxes and shall not be divested by a judicial sale. Property
subject to the lien may be sold for sums due and delinquent at a tax
sale, with the same forfeitures, penalties, and consequences as for the
nonpayment of ordinary taxes. The purchasers at tax sale obtain the
property subject to the remaining payments. (L. 2004 S.B. 1155 § 178.981)

If an agreement provides that all or part of program costs are
to be met by receipt of retained jobs credit from withholding, such
retained jobs credit from withholding shall be determined and paid as
follows:

(1) Retained jobs credit from withholding shall be based upon the wages
paid to the employees in the retained jobs;

(2) A portion of the total payments made by the employer under section
143.221, RSMo, shall be designated as the retained jobs credit from
withholding. Such portion shall be an amount equal to two and one-half
percent of the gross wages paid by the employer for each of the first one
hundred jobs included in the project and one and one-half percent of the
gross wages paid by the employer for each of the remaining jobs included
in the project. If business or employment conditions cause the amount of
the retained jobs credit from withholding to be less than the amount
projected in the agreement for any time period, then other withholding
tax paid by the employer under section 143.221, RSMo, shall be credited
to the Missouri junior college retained job training fund by the amount
of such difference. The employer shall remit the amount of the retained
jobs credit to the department of revenue in the manner prescribed in
section 178.764. When all program costs, including the principal,
premium, and interest on the certificates have been paid, the employer
credits shall cease;

(3) The community college district participating in a project shall
establish a special fund for and in the name of the project. All funds
appropriated by the general assembly from the Missouri community college
job training retention program fund and disbursed by the division of
workforce development for the project and other amounts received by the
district in respect of the project and required by the agreement to be
used to pay program costs for the project shall be deposited in the
special fund. Amounts held in the special fund may be used and disbursed
by the district only to pay program costs for the project. The special
fund may be divided into such accounts and subaccounts as shall be
provided in the agreement, and amounts held therein may be invested in
investments which are legal for the investment of the district's other
funds;

(4) Any disbursement in respect of a project received from the division
of workforce development under sections 178.760 to 178.764 and the
special fund into which it is paid may be irrevocably pledged by a junior
college district for the payment of the principal, premium, and interest
on the certificate issued by a junior college district to finance or
refinance, in whole or in part, the project;

(5) The employer shall certify to the department of revenue that the
credit from withholding is in accordance with an agreement and shall
provide other information the department may require;

(6) An employee participating in a project will receive full credit for
the amount designated as a retained jobs credit from withholding and
withheld as provided in section 143.221, RSMo;

(7) If an agreement provides that all or part of program costs are to be
met by receipt of retained jobs credit from withholding, the provisions
of this subsection shall also apply to any successor to the original
employer until such time as the principal and interest on the
certificates have been paid. (L. 2004 S.B. 1155 § 178.982)

1. To provide funds for the present payment of the costs of
retained jobs training programs, a community college district may borrow
money and issue and sell certificates payable from a sufficient portion
of the future receipts of payments authorized by the agreement including
disbursements from the Missouri community college job retention training
program to the special fund established by the district for each project.
The total amount of outstanding certificates sold by all junior college
districts shall not exceed fifteen million dollars, unless an increased
amount is authorized in writing by a majority of members of the Missouri
job training joint legislative oversight committee. The certificates
shall be marketed through financial institutions authorized to do
business in Missouri. The receipts shall be pledged to the payment of
principal of and interest on the certificates. Certificates may be sold
at public sale or at private sale at par, premium, or discount of not
less than ninety-five percent of the par value thereof, at the discretion
of the board of trustees, and may bear interest at such rate or rates as
the board of trustees shall determine, notwithstanding the provisions of
section 108.170, RSMo, to the contrary. However, chapter 176, RSMo, does
not apply to the issuance of these certificates. Certificates may be
issued with respect to a single project or multiple projects and may
contain terms or conditions as the board of trustees may provide by
resolution authorizing the issuance of the certificates.

2. Certificates issued to refund other certificates may be sold at public
sale or at private sale as provided in this section with the proceeds
from the sale to be used for the payment of the certificates being
refunded. The refunding certificates may be exchanged in payment and
discharge of the certificates being refunded, in installments at
different times or an entire issue or series at one time. Refunding
certificates may be sold or exchanged at any time on, before, or after
the maturity of the outstanding certificates to be refunded. They may be
issued for the purpose of refunding a like, greater, or lesser principal
amount of certificates and may bear a higher, lower, or equivalent rate
of interest than the certificates being renewed or refunded.

3. Before certificates are issued, the board of trustees shall publish
once a notice of its intention to issue the certificates, stating the
amount, the purpose, and the project or projects for which the
certificates are to be issued. A person may, within fifteen days after
the publication of the notice, by action in the circuit court of a county
in the district, appeal the decision of the board of trustees to issue
the certificates. The action of the board of trustees in determining to
issue the certificates is final and conclusive unless the circuit court
finds that the board of trustees has exceeded its legal authority. An
action shall not be brought which questions the legality of the
certificates, the power of the board of trustees to issue the
certificates, the effectiveness of any proceedings relating to the
authorization of the project, or the authorization and issuance of the
certificates from and after fifteen days from the publication of the
notice of intention to issue.

4. The board of trustees shall make a finding based on information
supplied by the employer that revenues provided in the agreement are
sufficient to secure the faithful performance of obligations in the
agreement.

5. Certificates issued under this section shall not be deemed to be an
indebtedness of the state or the community college district or of any
other political subdivision of the state, and the principal and interest
on such certificates shall be payable only from the sources provided in
subdivision (1) of section 178.761 which are pledged in the agreement.

6. The department of economic development shall coordinate the retained
jobs training program, and may promulgate rules that districts will use
in developing projects with industrial retained jobs training proposals
which shall include rules providing for the coordination of such
proposals with the service delivery areas established in the state to
administer federal funds pursuant to the federal Workforce Investment
Act. 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 chapter 536, RSMo.

7. No community college district may sell certificates as described in
this section after July 1, 2014. (L. 2004 S.B. 1155 § 178.983)

1. There is hereby established within the state treasury a
special fund, to be known as the "Missouri Community College Job
Retention Training Program Fund", to be administered by the division of
workforce development. The department of revenue shall credit to the
community college job retention training program fund, as received, all
retained jobs credit from withholding remitted by employers pursuant to
section 178.762. The fund shall also consist of any gifts, contributions,
grants, or bequests received from federal, private, or other sources. The
general assembly, however, shall not provide for any transfer of general
revenue funds into the community college job retention training program
fund. Moneys in the Missouri community college job retention training
program fund shall be disbursed to the division of workforce development
pursuant to regular appropriations by the general assembly. The division
shall disburse such appropriated funds in a timely manner into the
special funds established by community college districts for projects,
which funds shall be used to pay program costs, including the principal,
premium, and interest on certificates issued by the district to finance
or refinance, in whole or in part, a project. Such disbursements by the
division of workforce development shall be made to the special fund for
each project in the same proportion as the retained jobs credit from
withholding remitted by the employer participating in such project bears
to the total retained jobs credit from withholding remitted by all
employers participating in projects during the period for which the
disbursement is made. Moneys for retained jobs training programs
established under sections 178.760 to 178.764 shall be obtained from
appropriations made by the general assembly from the Missouri community
college job retention training program fund. All moneys remaining in the
Missouri community college job retention training program fund at the end
of any fiscal year shall not lapse to the general revenue fund, as
provided in section 33.080, RSMo, but shall remain in the Missouri
community college job retention training program fund.

2. The department of revenue shall develop such forms as are necessary to
demonstrate accurately each employer's retained jobs credit from
withholding paid into the Missouri community college job retention
training program fund. The retained jobs credit from withholding shall be
accounted as separate from the normal withholding tax paid to the
department of revenue by the employer. Reimbursements made by all
employers to the Missouri community college job retention training
program fund shall be no less than all allocations made by the division
of workforce development to all community college districts for all job
retention projects. The employer shall remit the amount of the retained
job credit to the department of revenue in the same manner as provided in
sections 143.191 to 143.265, RSMo. (L. 2004 S.B. 1155 § 178.984)

1. In any public school district, or in any two or more
contiguous public school districts in this state, whether in the same
county or not, the voters resident therein may organize a junior college
district in the manner hereinafter provided. Prior to the organization of
a district under sections 178.770 to 178.890, the coordinating board for
higher education shall establish standards for the organization of the
districts which shall include among other things:

(1) Whether a junior college is needed in the proposed district;

(2) Whether the assessed valuation of taxable, tangible property in the
proposed district is sufficient to support adequately the proposed junior
college; and

(3) Whether there were a sufficient number of graduates of high school in
the proposed district during the preceding year to support a junior
college in the proposed district.

2. When a district is organized, it shall be a body corporate and a
subdivision of the state of Missouri and shall be known as "The Junior
College District of ..........., Missouri" and, in that name, may sue and
be sued, levy and collect taxes within the limitations of sections
178.770 to 178.890, issue bonds and possess the same corporate powers as
common and seven-director school districts in this state, other than
urban districts, except as herein otherwise provided. (L. 1963 p. 200 §
13-77)

(Source: L. 1961 p. 357 § 1)

(1969) A junior college district organized under the provisions of this
section may not be dissolved upon petitions under the provisions of
section 162.451. Junior College Dist. of Met. Kansas City v. Mayse (A.),
446 S.W.2d 412.

1. Tax supported junior colleges formed prior to October 13,
1961, and those formed under the provisions of sections 178.770 to
178.890 shall be under the supervision of the coordinating board for
higher education.

2. The coordinating board for higher education shall:

(1) Establish the role of the two-year college in the state;

(2) Set up a survey form to be used for local surveys of need and
potential for two-year colleges; provide supervision in the conducting of
surveys; require that the results of the studies be used in reviewing
applications for approval; and establish and use the survey results to
set up priorities;

(3) Require that the initiative to establish two-year colleges come from
the area to be served;

(4) Administer the state financial support program;

(5) Supervise the junior college districts formed under the provisions of
sections 178.770 to 178.890 and the junior colleges now in existence and
formed prior to October 13, 1961;

(6) Formulate and put into effect uniform policies as to budgeting,
record keeping, and student accounting;

(7) Establish uniform minimum entrance requirements and uniform
curricular offerings for all junior colleges;

(8) Make a continuing study of junior college education in the state; and

(9) Be responsible for the accreditation of each junior college under its
supervision. Accreditation shall be conducted annually or as often as
deemed advisable and made in a manner consistent with rules and
regulations established and applied uniformly to all junior colleges in
the state. Standards for accreditation of junior colleges shall be
formulated with due consideration given to curriculum offerings and
entrance requirements of the University of Missouri. (L. 1963 p. 200 §
13-78)

(Source: L. 1961 p. 357 § 2)

The boundaries of any community college district organized
pursuant to sections 178.770 to 178.890 shall coincide with the
boundaries of the school district or of the contiguous school districts
proposed to be included, and the community college district shall be in
addition to any other school districts existing in any portion of the
area. (L. 1963 p. 200 § 13-79, A.L. 1998 S.B. 553)

(Source: L. 1961 p. 357 § 3)

1. Whenever a petition, signed by voters in each component
school district within a proposed junior college district area, equal in
number to five percent of the number of votes cast for the director
receiving the greatest number of votes within each component school
district at the last preceding school election in each school district at
which a director was elected, is presented to the state board of
education, praying that a junior college district be organized for the
purpose of offering junior college (13th and 14th year) courses, if the
state board of education determines that the area proposed to be included
within the district meets the standards established by it under the
provisions of sections 178.770 to 178.890, it shall order the submission
of the question within the proposed district to vote on the question and
to elect trustees, at the next following annual municipal election.

2. The question shall be submitted in substantially the following form:

Shall there be organized within the area comprising the school districts
of .........., state of Missouri, a junior college district for the
offering of 13th and 14th year courses, to be known as the "Junior
College District of .............., Missouri", having the power to impose
a property tax not to exceed the annual rate of ......... cents on the
one hundred dollars assessed valuation of taxable property without voter
approval and such additional taxes as may be approved by vote thereon, as
prayed in petition filed with the state board of education at Jefferson
City, Missouri, on the ...... day of ........, 20.....?

3. Within fifteen days after the submission, the results shall be
transmitted by those receiving them under law in each component district
to the state board of education, by certificates attesting to the total
number of votes cast within each district on the question, the votes cast
for and against the question, and the votes cast for each candidate for
trustee. The proposal to organize the junior college district, to carry,
must receive a majority of the total number of votes cast thereon, and
the secretary of the state board of education, from the results so
certified and attested, shall determine whether the proposal has received
the majority of the votes cast thereon and shall certify the results to
the state board of education. If the certificate of the secretary of the
state board of education shows that the question to organize the junior
college district has received a majority of the votes cast thereon, the
state board of education shall make an order declaring the junior college
district organized and cause a copy thereof to be recorded in the office
of recorder of deeds in each county in which a portion of the new
district lies. If the question carries, the board shall also determine
which candidates have been elected trustees under section 178.820. If the
question to organize the district fails to receive a majority of the
votes cast thereon, no tabulation shall be made to determine the
candidates elected trustees. (L. 1963 p. 200 § 13-80, A.L. 1978 H.B. 971)

(Source: L. 1961 p. 357 § 4)

1. In the organization election, six trustees shall be elected
at large throughout the entire proposed district. The two candidates
receiving the greatest number of votes shall be elected for terms of six
years each, the two receiving the next greatest number of votes for terms
of four years each, the two receiving the next greatest number of votes
for terms of two years each, and such terms shall be effective until the
first Tuesday in April coinciding with or next following such period of
years, or until the successors to such trustees have been duly elected
and qualified. Thereafter, the trustees shall be elected for terms of six
years each.

2. Following the initial election, the board of trustees may, at any duly
called meeting, adopt a resolution calling for the formation of a
redistricting committee to consider the formation of subdistricts within
the junior college district from which trustees are thereafter to be
elected. Upon adoption of any such resolution, the secretary of the board
of trustees shall forward a certified copy thereof to the coordinating
board for higher education with the request that a redistricting
committee be appointed in order to divide the junior college districts
into at least two and not more than six subdistricts for the purpose of
electing trustees. The redistricting committee shall consist of three
residents within the affected district, appointed by the board of
trustees of the affected district, plus three additional persons
residents within the affected district, appointed by the coordinating
board for higher education. Thereafter, the redistricting committee shall
meet, organize itself with a chairman and secretary, and proceed with the
adoption of a redistricting plan specifying at least two but not more
than six subdistricts which are to the extent possible so apportioned on
the basis of population that the population of any such subdistrict
divided by the number of trustees to be selected therefrom substantially
equals the population of any other subdistrict divided by the number of
trustees to be selected therefrom. The redistricting plan referred to
herein, in lieu of requiring all trustees to be elected from
subdistricts, may provide for the election of one or more trustees at
large and the remainder from subdistricts, or for the election of all the
trustees at large with the requirement that each must reside in a certain
subdistrict, so long as in any plan adopted, subdistricts are apportioned
as provided above. Notwithstanding the above, the board of trustees of
any junior college district which contains more than four hundred fifty
thousand residents shall, at the first duly called meeting following
August 13, 1972, and thereafter within ninety days following the
publication of the decennial census figures, adopt a resolution calling
for the formation of a redistricting committee; and the redistricting
committee shall adopt a redistricting plan specifying the establishment
of not less than four nor more than six subdistricts compact and
contiguous in territory and apportioned as provided above.

3. In any district which shall contain a city not within a county, if
four subdistricts are established, then at least one subdistrict shall be
within said city, and if five or six subdistricts are established, then
at least two subdistricts shall be within said city.

4. Any person running for election as a trustee of a subdistrict shall be
domiciled and a resident therein. Any plan proposed to be adopted must
receive approval of a majority of the whole redistricting committee. Upon
adoption the redistricting committee shall forward a copy of the plan
certified by the secretary to the coordinating board for higher education
for its approval or disapproval. The coordinating board for higher
education shall approve any redistricting plan in which the population of
any subdistrict divided by the number of trustees to be selected
therefrom substantially equals the population of any other subdistrict
divided by the number of trustees to be elected therefrom. Upon approval,
the redistricting plan shall become effective and all trustees elected
thereafter shall be required to be elected from subdistricts in which
they are resident. If the plan is not approved, then it shall be returned
to the redistricting committee for revision and resubmission. Until
approval of a plan by the coordinating board for higher education,
trustees of a district shall continue to run at large. Upon approval of
any plan, the board of trustees shall determine by resolution the
assignment of trustees to subdistricts. Any such assignment shall not
affect the term of office of any such trustee. Once a district has been
divided into subdistricts in accordance with the provisions hereof, it
shall remain so divided until one year following the publication of the
decennial census figures, by which date a new plan shall have been
adopted or the trustees shall again be required to run in the district at
large; provided, however, that if during the period between publications
of decennial census figures the area of a district is increased or
decreased, a new plan shall be adopted within one year thereafter or the
trustees shall be required to run in the district at large. No member of
the redistricting committee shall serve on the board of trustees for a
period of six years following his service on the redistricting committee.

5. Candidates for the office of trustee shall be citizens of the United
States, at least twenty-one years of age, who have been voters of the
district for at least one whole year preceding the election, and if
trustees are elected other than at large they shall be voters of the
subdistricts for at least one whole year next preceding the election. All
candidates for the first board of a district shall file their declaration
of candidacy with the coordinating board for higher education. (L. 1963
p. 200 § 13-82, A.L. 1972 H.B. 1169, A.L. 1978 H.B. 971)

(Source: L. 1961 p. 357 § 5)

Newly elected members of the board of trustees shall qualify by
taking the oath of office prescribed by article VII, section 2, of the
Constitution of Missouri. The board shall organize by the election of a
president and vice president, a secretary and a treasurer. The secretary
and treasurer need not be members of the board. A majority of the board
constitutes a quorum for the transaction of business, but no contract
shall be let, teacher employed or dismissed, or bill approved unless a
majority of the whole board votes therefor. Any vacancy occurring in the
board shall be filled by appointment by the remaining members of the
board, and the person appointed shall hold office until the next election
held by the junior college district when a trustee shall be elected for
the unexpired term. The board shall keep a common seal with which to
attest its official acts. (L. 1963 p. 200 § 13-83)

(Source: L. 1961 p. 357 § 7)

1. The governing body of each public junior college district and
each public school district offering junior college courses shall possess
full power and authority to adopt rules and regulations for the guidance
and supervision of the conduct of its college students; to enforce
compliance therewith; and to delegate to appropriate persons in the
district the power to discipline students, including the power of
suspension and expulsion, for violation of such rules and regulations.

2. The governing body may also delegate to any administrator or acting
administrator designated by the governing body the power to suspend
summarily any student whose presence on the district facility would, in
the opinion of such administrator or acting administrator, seriously
disrupt the operation of the district, or constitute a danger to the
records or other physical properties of the district or to the health,
safety or welfare of the student or other persons. Such summary
suspension shall not exceed a period of five days, unless within such
time the district has commenced formal disciplinary procedure and
diligently pursues each procedure until its conclusion, in which event
such summary suspension may be continued until such conclusion. (L. 1971
S.B. 129, A.L. 1972 S.B. 455)

1. After organization, the voters of the junior college district
shall vote for trustees and on all other propositions provided by law for
submission at school elections which are applicable to junior college
districts. Regular elections in junior college districts shall be held on
municipal election days in the years in which trustees are to be elected
or propositions must be voted upon.

2. If trustees are elected other than at large throughout the entire
district, then only those voters within the subdistrict from which the
trustee or trustees are to be elected shall cast their ballots for the
trustee or trustees from that subdistrict. All candidates for the office
of trustee shall file their declarations of candidacy with the secretary
of the board of trustees.

3. A majority of the then qualified members of the board of trustees
shall declare and certify the candidates receiving the greatest number of
votes for terms of six years each and until their successors are elected
and qualified and shall declare and certify the results of the votes cast
on any question presented at the election. (L. 1963 p. 200 § 13-84 and p.
346 § 165.813, A.L. 1967 p. 280, A.L. 1972 H.B. 1169, A.L. 1978 H.B. 971)

(Source: L. 1961 p. 357 § 8)

A junior college district organized under sections 178.770 to
178.890 shall provide instruction, classes, school or schools for pupils
resident within the junior college district who have completed an
approved high school course. The board of trustees of the district shall
determine the per capita cost of the college courses, file the same with
the coordinating board for higher education and, upon approval thereof by
the coordinating board for higher education, shall require of all
nonresidents who are accepted as pupils a tuition fee in the sum that is
necessary for maintenance of the college courses. In addition thereto,
the board may charge resident pupils the amounts that it deems necessary
to maintain the college courses, taking into consideration the other
funds that are available under law for the support of the college
courses. (L. 1963 p. 200 § 13-85)

(Source: L. 1961 p. 357 § 9)

The board of trustees shall appoint the employees of the junior
college, define and assign their powers and duties and fix their
compensation. All certificated personnel shall be members of the public
school retirement system of Missouri under provisions of section 169.010,
RSMo. (L. 1963 p. 200 § 13-86)

(Source: L. 1961 p. 357 § 10)

1. The trustees of any junior college district of this state may
appoint and employ as many college police officers as they may deem
necessary to protect persons, property, and to preserve peace and good
order only in the public buildings, properties, grounds, and other
facilities and locations over which they have charge or control.

2. The college police officers, before they enter upon their duties,
shall take and subscribe an oath of office before some officer authorized
to administer oaths, to faithfully and impartially discharge the duties
thereof, which oath shall be filed in the office of the college district
board of trustees, and the secretary of the board shall give each college
police officer so appointed and qualified a certificate of appointment,
under the seal of the board of trustees, which certificate shall empower
him with the same authority to maintain order, preserve peace and make
arrests as is now held by peace officers; the college police officer may
in addition expel from the public buildings, campuses, and grounds,
persons violating the rules and regulations that may be prescribed by the
board of trustees or others under the authority of the board. Such
officer or employee of the junior college as may be designated by the
board of trustees shall have immediate charge, control and supervision of
college police officers appointed by authority of this section. Such
college police officers shall have satisfactorily completed before
appointment, or within six months after appointment, a training course
for college police officers which shall consist of at least three hundred
twenty hours as prescribed by the superintendent of the Missouri state
highway patrol. The junior college district shall reimburse all such
college police officers appointed by them who complete the training
course for all reasonable and necessary expenses incurred in taking the
training course, and shall reimburse the highway patrol for any expenses
directly relating to the prescribed or holding of a training course which
are recommended by the patrol.

3. Nothing herein shall be construed as denying the board of trustees the
right to appoint guards or watchmen who shall not be given the authority
and powers hereby authorized. (L. 1974 H.B. 917 § 1)

Any tax imposed on property subject to the taxing power of the
junior college district under article X, section 11(a) of the Missouri
Constitution without voter approval shall not exceed the annual rate of
ten cents on the hundred dollars assessed valuation in districts having
one billion five hundred million dollars or more assessed valuation;
twenty cents on the hundred dollars assessed valuation in districts
having seven hundred fifty million dollars but less than one billion five
hundred million dollars assessed valuation; thirty cents on the hundred
dollars assessed valuation in districts having five hundred million
dollars but less than seven hundred fifty million dollars assessed
valuation; forty cents on the hundred dollars assessed valuation in
districts having less than five hundred million dollars assessed
valuation; except that, no public junior college district having an
assessed valuation in excess of one hundred million and less than two
hundred fifty million which is levying an operating levy of thirty cents
per one hundred dollars assessed valuation on September 28, 1975, shall
increase such levy above thirty cents per one hundred dollars assessed
valuation without voter approval. Tax rates specified in this section
that were in effect in 1984 shall not be lowered due to an increase in
assessed valuation created by general reassessment; however, the
provisions of section 137.073, RSMo, or section 22(a) of article X of the
Missouri Constitution are applicable. Districts which operate
institutions awarding degrees above the associate degree shall not be
affected by the changes provided in this section. Increases of the rate
with voter approval shall be made in the manner provided in chapter 164,
RSMo, for school districts. (L. 1963 p. 200 § 13-87, A.L. 1975 S.B. 190,
A.L. 1985 H.B. 374, A.L. 2000 S.B. 894, A.L. 2002 H.B. 2022 merged with
S.B. 947)

(Source: L. 1961 p. 357 § 11)

All real and tangible personal property owned by railroads,
street railways, boats, vessels, bridge companies, telegraph companies,
electric light and power companies, electric transmission line companies,
pipeline companies, express companies, airline companies and other
companies and public utilities whose property is assessed by the state
tax commission shall be taxed at the same rate of taxation which is
levied on other property in the junior college district in the same
manner and to the same extent that the property is subject to assessment
and taxation for general county purposes, and all of the provisions of
chapters 151, 153, 154 and 155, RSMo, shall apply to taxation by junior
college districts to the same extent as if the junior college districts
were specifically included in the provisions contained in chapters 151,
153, 154 and 155, RSMo, except that the taxes levied by junior college
districts shall not be included for the purpose of determining the
average school levy for the other school districts in the county in which
they are situated. The taxes levied against the property by junior
college districts shall be collected in the same manner as taxes are
collected on the property from general county taxes. (L. 1963 p. 200 §
13-88)

(Source: L. 1961 p. 357 § 12)

1. The board of trustees of any public community college
district in this state may establish a community college capital
improvement subdistrict by its order for the sole purpose of capital
projects. The boundaries of any capital improvement subdistrict
established pursuant to this section shall be within the boundaries of
the community college district.

2. In the event a capital improvement subdistrict is so established, the
board of trustees may propose an annual rate of taxation for the sole
purpose of capital projects, within the limits of sections 178.770 to
178.891, which proposal shall be submitted to a vote of the people within
the capital improvement subdistrict.

3. The question shall be submitted in substantially the following form:

Shall the board of trustees of ........... (name of district) be
authorized, for the purpose of ................... (name of capital
project), to borrow money in the amount of ............. dollars to be
used in the capital improvement subdistrict of ............... (name of
capital improvement subdistrict) for the purpose of .................
(name of capital project) and issue bonds for payment thereof?

[ ] YES [ ] NO

4. If a majority of the votes cast on the question are for the tax as
submitted, the tax shall be levied and collected on property within the
capital improvement subdistrict in the same manner as other community
college district taxes. Such funds shall be used for capital improvements
in the community college capital improvement subdistrict.

5. Where a tax has not been approved by the voters within a five-year
period from the establishment of a community college capital improvement
subdistrict, such capital improvement subdistrict shall be dissolved by
the board of trustees. (L. 2002 H.B. 2022 merged with S.B. 947)

1. If the area of an entire school district which adjoins a
community college district organized pursuant to sections 178.770 to
178.890 desires to be attached thereto and become a part of the community
college district it may do so in the manner provided for annexation
pursuant to section 162.441, RSMo. If the area of an entire school
district which adjoins a district offering a two-year college course
pursuant to section 178.370 on October 13, 1961, and receiving aid
pursuant to section 163.191, RSMo, desires to be attached thereto for
community college purposes only, the annexation shall be completed
pursuant to section 162.441, RSMo, and upon the annexation, a special
community college district shall be established in the entire area as
provided in sections 178.770 to 178.890, and notice thereof shall be
given to the state board of education. The state board of education,
within sixty days, shall call a special election for the election of
trustees to be conducted in the manner provided in section 178.820.

2. If the entire area of a school district not adjoining or contiguous
with an established and existing community college district organized
pursuant to sections 178.770 to 178.890 desires to become part of such an
established and existing community college district which lies in whole
or in part in a county which is either:

(1) Adjacent to the county in which the school district lies in whole or
in part; or

(2) Adjacent to a county which does not have a public four-year open
enrollment college or university, which is adjacent to the county in
which the school district lies in whole or in part, such school district
may do so in the manner provided for annexation pursuant to section
162.441, RSMo, and in such instances, it shall not be required that such
school district be adjacent to or adjoin such a community college
district, and the subdistrict or subdistricts in the area comprising the
petitioning school district need not be contiguous with the subdistricts
of the receiving community college district.

3. If the board of trustees of the receiving district rejects the
petition for annexation, the state board of education may be petitioned
for a hearing and upon receipt of the petition the state board shall
establish the time and place and proceed to a hearing. If the state board
of education finds that refusal to honor the petition for annexation has
been made without good cause, the state board in its discretion may
withhold a portion or all of the state aid from the district which is
payable pursuant to the provisions of section 163.191, RSMo. (L. 1963 p.
200 § 13-89, A.L. 1978 H.B. 971, A.L. 1998 S.B. 553)

(Source: L. 1961 p. 357 § 15)

The general assembly may make appropriations to the commissioner
of administration for grants to Crowder College in the planning and
operation of the Missouri alternative and renewable energy center, if it
determines that Crowder College has established and is actively building
an endowment fund for the partial funding of the center. In connection
with the utilization of such grants, Crowder College may contract with
any person, firm or corporation, whether organized for profit or
otherwise, and may receive and expend funds received from the federal
government or any agency thereof, or from any person, firm or
corporation. Appropriations made pursuant to the provisions of this
section shall not be considered as a part of the regular appropriations
for Crowder College nor shall such appropriations result in any reduction
of appropriations for Crowder College. Appropriations from the state
shall be used for a program of instruction in alternative energy, public
educational services including instruction in Missouri elementary and
secondary schools, service to Missouri industries through cooperative
projects and in-service training, and applied research in alternative
energy applications. (L. 1992 H.B. 1102 § 1)

Effective 7-1-92

As used in sections 178.892 to 178.896, the following terms mean:

(1) "Agreement", the agreement, between an employer and a junior college
district, concerning a project. An agreement may be for a period not to
exceed ten years when the program services associated with a project are
not in excess of five hundred thousand dollars. For a project where
associated program costs are greater than five hundred thousand dollars,
the agreement may not exceed a period of eight years. No agreement shall
be entered into between an employer and a community college district
which involves the training of potential employees with the purpose of
replacing or supplanting employees engaged in an authorized work stoppage;

(2) "Board of trustees", the board of trustees of a junior college
district;

(3) "Certificate", industrial new jobs training certificates issued
pursuant to section 178.895;

(4) "Date of commencement of the project", the date of the agreement;

(5) "Employee", the person employed in a new job;

(6) "Employer", the person providing new jobs in conjunction with a
project;

(7) "Essential industry", a business that otherwise meets the definition
of industry but instead of creating new jobs maintains existing jobs. To
be an essential industry, the business must have maintained at least two
thousand jobs each year for a period of four years preceding the year in
which application for the program authorized by sections 178.892 to
178.896 is made and must be located in a home rule city with more than
twenty-six thousand but less than twenty-seven thousand inhabitants
located in any county with a charter form of government and with more
than one million inhabitants;

(8) "Existing job", a job in an essential industry that pays wages or
salary greater than the average of the county in which the project will
be located;

(9) "Industry", a business located within the state of Missouri which
enters into an agreement with a community college district and which is
engaged in interstate or intrastate commerce for the purpose of
manufacturing, processing, or assembling products, conducting research
and development, or providing services in interstate commerce, but
excluding retail services. "Industry" does not include a business which
closes or substantially reduces its operation in one area of the state
and relocates substantially the same operation in another area of the
state. This does not prohibit a business from expanding its operations in
another area of the state provided that existing operations of a similar
nature are not closed or substantially reduced;

(10) "New job", a job in a new or expanding industry not including jobs
of recalled workers, or replacement jobs or other jobs that formerly
existed in the industry in the state. For an essential industry, an
existing job shall be considered a new job for the purposes of the new
job training programs;

(11) "New jobs credit from withholding", the credit as provided in
section 178.894;

(12) "New jobs training program" or "program", the project or projects
established by a community college district for the creation of jobs by
providing education and training of workers for new jobs for new or
expanding industry in the state;

(13) "Program costs", all necessary and incidental costs of providing
program services including payment of the principal of, premium, if any,
and interest on certificates, including capitalized interest, issued to
finance a project, funding and maintenance of a debt service reserve fund
to secure such certificates and wages, salaries and benefits of employees
participating in on-the-job training;

(14) "Program services" includes, but is not limited to, the following:

(a) New jobs training;

(b) Adult basic education and job-related instruction;

(c) Vocational and skill-assessment services and testing;

(d) Training facilities, equipment, materials, and supplies;

(e) On-the-job training;

(f) Administrative expenses equal to fifteen percent of the total
training costs;

(g) Subcontracted services with state institutions of higher education,
private colleges or universities, or other federal, state, or local
agencies;

(h) Contracted or professional services; and

(i) Issuance of certificates;

(15) "Project", a training arrangement which is the subject of an
agreement entered into between the community college district and an
employer to provide program services;

(16) "Total training costs", costs of training, including supplies, wages
and benefits of instructors, subcontracted services, on-the-job training,
training facilities, equipment, skill assessment and all program services
excluding issuance of certificates. (L. 1988 H.B. 1034 § 1, A.L. 1990
H.B. 1364, A.L. 1993 H.B. 566, A.L. 2001 S.B. 500, A.L. 2003 H.B. 289
merged with S.B. 620)

Effective 6-18-03 (S.B. 620)

7-07-03 (H.B. 289)

Contingent expiration date, see § 135.284

A community college district, with the approval of the
department of economic development in consultation with the office of
administration, may enter into an agreement to establish a project and
provide program services to an employer. As soon as possible after
initial contact between a community college district and a potential
employer regarding the possibility of entering into an agreement, the
district shall inform the division of job development and training of the
department of economic development and the office of administration about
the potential project. The division of job development and training shall
evaluate the proposed project within the overall job training efforts of
the state to ensure that the project will not duplicate other job
training programs. The department of economic development shall have
fourteen days from receipt of the application to approve or disapprove
projects. If no response is received by the community college within
fourteen days the projects are approved. Any project that is disapproved
must be in writing stating the reasons for the disapproval. If an
agreement is entered into, the district and the employer shall notify the
department of revenue within fifteen calendar days. An agreement may
provide, but is not limited to:

(1) Payment of program costs, including deferred costs, which may be paid
from one or a combination of the following sources:

(a) Funds appropriated by the general assembly from the Missouri junior
college job training program fund and disbursed by the division of job
development and training in respect of new jobs credit from withholding
to be received or derived from new employment resulting from the project;

(b) Tuition, student fees, or special charges fixed by the board of
trustees to defray program costs in whole or in part;

(c) Guarantee of payments to be received under paragraph (a) or (b) of
this subdivision;

(2) Payment of program costs shall not be deferred for a period longer
than ten years if program costs do not exceed five hundred thousand
dollars, or eight years if program costs exceed five hundred thousand
dollars from the date of commencement of the project;

(3) Costs of on-the-job training for employees, shall include wages or
salaries of participating employees. Payments for on-the-job training
shall not exceed the average of fifty percent of the total percent of the
total wages paid by the employer to each participant during the period of
training. Payment for on-the-job training may continue for up to six
months after the placement of the participant in the new job;

(4) A provision which fixes the minimum amount of new jobs credit from
withholding, or tuition and fee payments which shall be paid for program
costs;

(5) Any payment required to be made by an employer is a lien upon the
employer's business property until paid and has equal precedence with
ordinary taxes and shall not be divested by a judicial sale. Property
subject to the lien may be sold for sums due and delinquent at a tax
sale, with the same forfeitures, penalties, and consequences as for the
nonpayment of ordinary taxes. The purchasers at tax sale obtain the
property subject to the remaining payments. (L. 1988 H.B. 1034 § 2, A.L.
1990 H.B. 1364, A.L. 1993 H.B. 566)

Expires 7-1-18

If an agreement provides that all or part of program costs are
to be met by receipt of new jobs credit from withholding, such new jobs
credit from withholding shall be determined and paid as follows:

(1) New jobs credit from withholding shall be based upon the wages paid
to the employees in the new jobs;

(2) A portion of the total payments made by the employer pursuant to
section 143.221, RSMo, shall be designated as the new jobs credit from
withholding. Such portion shall be an amount equal to two and one-half
percent of the gross wages paid by the employer for each of the first one
hundred jobs included in the project and one and one-half percent of the
gross wages paid by the employer for each of the remaining jobs included
in the project. If business or employment conditions cause the amount of
the new jobs credit from withholding to be less than the amount projected
in the agreement for any time period, then other withholding tax paid by
the employer pursuant to section 143.221, RSMo, shall be credited to the
Missouri junior college job training fund by the amount of such
difference. The employer shall remit the amount of the new jobs credit to
the department of revenue in the manner prescribed in section 178.896.
When all program costs, including the principal of, premium, if any, and
interest on the certificates have been paid, the employer credits shall
cease;

(3) The community college district participating in a project shall
establish a special fund for and in the name of the project. All funds
appropriated by the general assembly from the Missouri community college
job training program fund and disbursed by the division of job
development and training for the project and other amounts received by
the district in respect of the project and required by the agreement to
be used to pay program costs for the project shall be deposited in the
special fund. Amounts held in the special fund may be used and disbursed
by the district only to pay program costs for the project. The special
fund may be divided into such accounts and subaccounts as shall be
provided in the agreement, and amounts held therein may be invested in
investments which are legal for the investment of the district's other
funds;

(4) Any disbursement in respect of a project received from the division
of job development and training under the provisions of sections 178.892
to 178.896 and the special fund into which it is paid may be irrevocably
pledged by a junior college district for the payment of the principal of,
premium, if any, and interest on the certificate issued by a junior
college district to finance or refinance, in whole or in part, the
project;

(5) The employer shall certify to the department of revenue that the
credit from withholding is in accordance with an agreement and shall
provide other information the department may require;

(6) An employee participating in a project will receive full credit for
the amount designated as a new jobs credit from withholding and withheld
as provided in section 143.221, RSMo;

(7) If an agreement provides that all or part of program costs are to be
met by receipt of new jobs credit from withholding, the provisions of
this subsection shall also apply to any successor to the original
employer until such time as the principal and interest on the
certificates have been paid. (L. 1988 H.B. 1034 §§ 3, 4, A.L. 1990 H.B.
1364)

Effective 7-13-90

Expires 7-1-18

1. To provide funds for the present payment of the costs of new
jobs training programs, a community college district may borrow money and
issue and sell certificates payable from a sufficient portion of the
future receipts of payments authorized by the agreement including
disbursements from the Missouri community college job training program to
the special fund established by the district for each project. The total
amount of outstanding certificates sold by all junior college districts
shall not exceed twenty million dollars, unless an increased amount is
authorized in writing by a majority of members of the Missouri job
training joint legislative oversight committee. The certificates shall be
marketed through financial institutions authorized to do business in
Missouri. The receipts shall be pledged to the payment of principal of
and interest on the certificates. Certificates may be sold at public sale
or at private sale at par, premium, or discount of not less than
ninety-five percent of the par value thereof, at the discretion of the
board of trustees, and may bear interest at such rate or rates as the
board of trustees shall determine, notwithstanding the provisions of
section 108.170, RSMo, to the contrary. However, chapter 176, RSMo, does
not apply to the issuance of these certificates. Certificates may be
issued with respect to a single project or multiple projects and may
contain terms or conditions as the board of trustees may provide by
resolution authorizing the issuance of the certificates.

2. Certificates issued to refund other certificates may be sold at public
sale or at private sale as provided in this section with the proceeds
from the sale to be used for the payment of the certificates being
refunded. The refunding certificates may be exchanged in payment and
discharge of the certificates being refunded, in installments at
different times or an entire issue or series at one time. Refunding
certificates may be sold or exchanged at any time on, before, or after
the maturity of the outstanding certificates to be refunded. They may be
issued for the purpose of refunding a like, greater, or lesser principal
amount of certificates and may bear a higher, lower, or equivalent rate
of interest than the certificates being renewed or refunded.

3. Before certificates are issued, the board of trustees shall publish
once a notice of its intention to issue the certificates, stating the
amount, the purpose, and the project or projects for which the
certificates are to be issued. A person may, within fifteen days after
the publication of the notice, by action in the circuit court of a county
in the district, appeal the decision of the board of trustees to issue
the certificates. The action of the board of trustees in determining to
issue the certificates is final and conclusive unless the circuit court
finds that the board of trustees has exceeded its legal authority. An
action shall not be brought which questions the legality of the
certificates, the power of the board of trustees to issue the
certificates, the effectiveness of any proceedings relating to the
authorization of the project, or the authorization and issuance of the
certificates from and after fifteen days from the publication of the
notice of intention to issue.

4. The board of trustees shall determine if revenues provided in the
agreement are sufficient to secure the faithful performance of
obligations in the agreement.

5. Certificates issued under this section shall not be deemed to be an
indebtedness of the state or the community college district or of any
other political subdivision of the state and the principal and interest
on such certificates shall be payable only from the sources provided in
subdivision (1) of section 178.893 which are pledged in the agreement.

6. The department of economic development shall coordinate the new jobs
training program, and may promulgate rules that districts will use in
developing projects with new and expanding industrial new jobs training
proposals which shall include rules providing for the coordination of
such proposals with the service delivery areas established in the state
to administer federal funds pursuant to the federal Job Training
Partnership Act. No rule or portion of a rule promulgated under the
authority of sections 178.892 to 178.896 shall become effective unless it
has been promulgated pursuant to the provisions of chapter 536, RSMo. All
rulemaking authority delegated prior to June 27, 1997, is of no force and
effect and repealed; however, nothing in this section shall be
interpreted to repeal or affect the validity of any rule filed or adopted
prior to June 27, 1997, if such rule complied with the provisions of
chapter 536, RSMo. The provisions of this section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, including the ability to review,
to delay the effective date, or to disapprove and annul a rule or portion
of a rule, are subsequently held unconstitutional, then the purported
grant of rulemaking authority and any rule so proposed and contained in
the order of rulemaking shall be invalid and void.

7. No community college district may sell certificates as described in
this section after July 1, 2008. (L. 1988 H.B. 1034 §§ 5, 6, A.L. 1990
H.B. 1364, A.L. 1993 H.B. 566 merged with S.B. 52, A.L. 1995 S.B. 3, A.L.
1997 2d Ex. Sess. S.B. 1)

Effective 12-23-97

Expires 7-1-18

CROSS REFERENCE: Tax Credit Accountability Act of 2004, additional
requirements, RSMo 135.800 to 135.830

1. There is hereby established within the state treasury a
special fund, to be known as the "Missouri Community College Job Training
Program Fund", to be administered by the division of job development and
training. The department of revenue shall credit to the community college
job training program fund, as received, all new jobs credit from
withholding remitted by employers pursuant to section 178.894. The fund
shall also consist of any gifts, contributions, grants or bequests
received from federal, private or other sources. The general assembly,
however, shall not provide for any transfer of general revenue funds into
the community college job training program fund. Moneys in the Missouri
community college job training program fund shall be disbursed to the
division of job development and training pursuant to regular
appropriations by the general assembly. The division shall disburse such
appropriated funds in a timely manner into the special funds established
by community college districts for projects, which funds shall be used to
pay program costs, including the principal of, premium, if any, and
interest on certificates issued by the district to finance or refinance,
in whole or in part, a project. Such disbursements by the division of job
development and training shall be made to the special fund for each
project in the same proportion as the new jobs credit from withholding
remitted by the employer participating in such project bears to the total
new jobs credit from withholding remitted by all employers participating
in projects during the period for which the disbursement is made. Moneys
for new jobs training programs established under the provisions of
sections 178.892 to 178.896 shall be obtained from appropriations made by
the general assembly from the Missouri community college job training
program fund. All moneys remaining in the Missouri community college job
training program fund at the end of any fiscal year shall not lapse to
the general revenue fund, as provided in section 33.080, RSMo, but shall
remain in the Missouri community college job training program fund.

2. The department of revenue shall develop such forms as are necessary to
demonstrate accurately each employer's new jobs credit from withholding
paid into the Missouri community college job training program fund. The
new jobs credit from withholding shall be accounted as separate from the
normal withholding tax paid to the department of revenue by the employer.
Reimbursements made by all employers to the Missouri community college
job training program fund shall be no less than all allocations made by
the division of job development and training to all community college
districts for all projects. The employer shall remit the amount of the
new job credit to the department of revenue in the same manner as
provided in sections 143.191 to 143.265, RSMo.

3. Sections 178.892 to 178.896 shall expire July 1, 2018. (L. 1990 H.B.
1364, A.L. 1993 H.B. 566, A.L. 1997 2d Ex. Sess. S.B. 1)

Effective 12-23-97

Expires 7-1-18

For the purposes of sections 178.900 to 178.970 the following
words mean:

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

(2) "Handicapped persons", a lower range educable or upper range
trainable mentally retarded or other handicapped person sixteen years of
age or over who has had school training and has a productive work
capacity in a sheltered environment adapted to the abilities of the
mentally retarded but whose limited capabilities make him nonemployable
in competitive business and industry and unsuited for vocational
rehabilitation training;

(3) "Sheltered workshop", an occupation-oriented facility operated by a
not-for-profit corporation, which, except for its staff, employs only
handicapped persons and has a minimum enrollment of at least fifteen
employable handicapped persons;

(4) "Staff", employees of a sheltered workshop engaged in management,
work procurement, purchasing, supervision, sales, bookkeeping, and
secretarial and clerical functions. (L. 1965 p. 309 § 1)

CROSS REFERENCE: Transportation for sheltered workshop employees and
residents of facilities or social center for the handicapped, RSMo 162.755

1. A sheltered workshop shall provide a controlled work
environment and a program designed toward enabling the handicapped person
enrolled to progress toward normal living and to develop, as far as
possible, his capacity, performance and relationship with other persons.

2. A sheltered workshop shall, so far as possible, provide work
experience sufficiently diverse to accommodate the needs of each of the
handicapped persons enrolled.

3. A sheltered workshop shall coordinate and integrate its services with
all community agencies for the benefit of its employees, and whenever
practicable make use of the services available from these agencies. (L.
1965 p. 309 § 2)

1. Any group of persons desiring to establish a sheltered
workshop which will be eligible for state aid shall request a certificate
of approval from the department. The request shall be in writing on forms
provided by the department, and shall contain such information as the
department may reasonably require.

2. Within sixty days after receipt of the request, the department shall
hold a hearing to determine suitability of the proposed sheltered
workshop to provide appropriate supervised employment and rehabilitation
for handicapped persons.

3. If, after hearing, the department determines that the proposed
sheltered workshop will be a proper agent of the state for the purpose of
employment and rehabilitation of handicapped persons, it shall notify the
persons requesting the certificate that they will be issued a certificate
of approval upon filing with the department the applicant's certificate
of incorporation as a not-for-profit corporation and a copy of its
charter and bylaws. No provision of the charter or bylaws shall conflict
with the rules and regulations of the department.

4. The department may refuse to issue a certificate of authority if it
finds that a proposed sheltered workshop will not be a proper agency of
the state for the purpose of employment and rehabilitation of handicapped
persons and it may, after notice and hearing, revoke the certificate of
authority of any sheltered workshop which is no longer qualified because
the need for the workshop no longer exists or for violation of any rule
or regulation of the department. (L. 1965 p. 309 § 3)

(1987) Hearing to determine whether certificate of authority should be
issued to party proposing sheltered workshop pursuant to the provisions
of this section does not qualify as a "contested case" for the purpose of
applying special venue statute, section 536.110. Welsch v. Dept. of Elem.
and Secondary Ed. 731 S.W.2d 450 (Mo.App.).

1. Beginning July 1, 1999, and thereafter, the department of
elementary and secondary education shall pay monthly, out of the funds
appropriated to it for that purpose, to each sheltered workshop a sum
equal to thirteen dollars multiplied by the number of six-hour or longer
days worked by handicapped workers during the preceding calendar month.
For each handicapped worker employed by a sheltered workshop for less
than a six-hour day, the workshop shall receive a percentage of the
thirteen dollars based on the percentage of the six-hour day worked by
the handicapped employee.

2. The department shall accept, as prima facie proof of payment due to a
sheltered workshop, information as designated by the department, either
in paper or electronic format. A statement signed by the president,
secretary, and manager of the sheltered workshop, setting forth the dates
worked and the number of hours worked each day by each handicapped person
employed by that sheltered workshop during the preceding calendar month,
together with any other information required by the rules or regulations
of the department, shall be maintained at the workshop location.

3. There is hereby created in the state treasury the "Sheltered Workshop
Per Diem Revolving Fund" which shall be administered by the commissioner
of the department of elementary and secondary education. All moneys
appropriated pursuant to subsection 1 of this section shall be deposited
in the fund and expended as described in subsection 1 of this section.

4. The balance of the sheltered workshop per diem revolving fund shall
not exceed five hundred thousand dollars at the end of each fiscal year
and shall be exempt from the provisions of section 33.080, RSMo, relating
to the transfer of unexpended balances to the general revenue fund. Any
unexpended balance in the sheltered workshop per diem revolving fund at
the end of each fiscal year exceeding five hundred thousand dollars shall
be deposited in the general revenue fund.

(L. 1965 p. 309 § 4, A.L. 1972 S.B. 463, A.L. 1973 H.B. 796, A.L. 1975
S.B. 269, A.L. 1979 S.B. 4, A.L. 1987 H.B. 25 & 120 merged with S.B. 145,
A.L. 1993 H.B. 639, A.L. 1994 S.B. 601, A.L. 1997 S.B. 264, A.L. 1998
S.B. 781, A.L. 2001 S.B. 321)

The department shall be the official agency of this state for
the acceptance and disbursement of funds of the United States government
made available to the states for rehabilitation or employment related
services to handicapped persons as defined in section 178.900. (L. 1965
p. 309 § 5)

In order to implement and effectuate the provisions of sections
178.900 to 178.970, the state board of education shall appoint a section
head and such other personnel, including administrative, professional and
technical persons, within the department as may be required to implement
and supervise the program, including assisting shops with operative
problems and other activities contemplated by sections 178.900 to
178.970. (L. 1965 p. 309 § 6, A.L. 1971 S.B. 463)

Any order, rule or regulation of the department is subject to
review under the provisions of chapter 536, RSMo. (L. 1965 p. 309 § 7)

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