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SECOND REGULAR SESSION
HOUSE BILL NO. 2442
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LOY .
4313H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
To repeal sections 160.518, 160.522, 161.092, and 161.132, RSMo, and to enact in lieu
thereof four new sections relating to responsibilities of the department of elementary
and secondary education.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 160.518, 160.522, 161.092, and 161.132, RSMo, are repealed
2 and four new sections enacted in lieu thereof, to be known as sections 160.518, 160.522,
3 161.092, and 161.132, to read as follows:
160.518. 1. (1) Consistent with the provisions contained in section 160.526, the state
2 board of education shall develop, modify, and revise, as necessary, a statewide summative
3 assessment system that [provides maximum flexibility for local school districts to determine
4 the degree to which students in the public schools of the state are proficient in the knowledge,
5 skills, and competencies adopted by such board pursuant to section 160.514] satisfies the
6 pupil testing mandates in effect under the federal Every Student Succeeds Act (Pub. L.
7 114-95), as amended, for each school year.
8 (2) Results fro
m the assessment created under this subsection shall be used only
9 for the purposes of complying with the requi
rements of such federal law and
10 determining performance districts under sections 163.011 and 163.031 and for no other
11 purpose.
12 (3) Results fr
om such assessments shall not be used to classify school districts
13 and charter schools
.
14 [(2) (a) The statewide assessment system shall assess problem solving, analytical
15 ability
, evaluation, creativity, and application ability in the different content areas and shall be
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
WITHDRAWN
16 performance-based to identify what students know, as well as what they are able to do, and
17 shall enable teachers to evaluate actual academic performance.
18 (b) The statewide assessment system shall neither promote nor prohibit rote
19 memorization and shall not include existing versions of tests approved for use pursuant to the
20 provisions of section 160.257, nor enhanced versions of such tests.
21 (3) After the state board of education adopts and implements academic performance
22 standards as required under section 161.855, the state board of education shall develop and
23 adopt a standardized assessment instrument under this section based on the academic
24 performance standards adopted under section 161.855.
25 (4) The statewide assessment system shall measure, where appropriate by grade level,
26 a student's knowledge of academic subjects including, but not limited to, reading skills,
27 writing skills, mathematics skills, world and American history, forms of government,
28 geography and science.
29 2. The statewide assessment system shall only permit the academic performance of
30 students in each school in the state to be tracked against prior academic performance in the
31 same school.
32 3. (1) The state board of education shall suggest, but not mandate, criteria for a
33 school to demonstrate that its students learn the knowledge, skills and competencies at
34 exemplary levels worthy of imitation by students in other schools in the state and nation.
35 (2) Exemplary levels shall be measured by the statewide assessment system
36 developed pursuant to subsection 1 of this section, or until said statewide assessment system
37 is available, by indicators approved for such use by the state board of education.
38 (3) The provisions of other law to the contrary notwithstanding, the commissioner of
39 education may, upon request of the school district, present a plan for the waiver of rules and
40 regulations to any such school, to be known as "Outstanding Schools Waivers", consistent
41 with the provisions of subsection 4 of this section.
42 4. (1) For any school that meets the criteria established by the state board of
43 education for three successive school years pursuant to the provisions of subsection 3 of this
44 section, by August first following the third such school year, the commissioner of education
45 shall present a plan to the superintendent of the school district in which such school is located
46 for the waiver of rules and regulations to promote flexibility in the operations of the school
47 and to enhance and encourage efficiency in the delivery of instructional services.
48 (2) The provisions of other law to the contrary notwithstanding, the plan presented to
49 the superintendent shall provide a summary waiver, with no conditions, for the pupil testing
50 requirements pursuant to section 160.257, in the school.
51 (3) Further, the provisions of other law to the contrary notwithstanding, the plan shall
52 detail a means for the waiver of requirements otherwise imposed on the school related to the
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53 authority of the state board of education to classify school districts pursuant to subdivision (9)
54 of section 161.092 and such other rules and regulations as determined by the commissioner of
55 education, excepting such waivers shall be confined to the school and not other schools in the
56 district unless such other schools meet the criteria established by the state board of education
57 consistent with subsection 3 of this section and the waivers shall not include the requirements
58 contained in this section and section 160.514.
59 (4) Any waiver provided to any school as outlined in this subsection shall be void on
60 June thirtieth of any school year in which the school fails to meet the criteria established by
61 the state board of education consistent with subsection 3 of this section.
62 5. The score on any assessment test developed pursuant to this section or this chapter
63 of any student for whom English is a second language shall not be counted until such time as
64 such student has been educated for three full school years in a school in this state, or in any
65 other state, in which English is the primary language.]
66 2. School districts and charter schools shall create, purchase, or adopt a local
67 assessment system.
68 3. The local assessment system shall be:
69 (1) Authentic to student discipline-specific learning, experience, and the
70 demonstration of performance-based learning;
71 (2) Related to curricula taught in the school;
72 (3) Evaluated and graded in a manner that provides students and teachers with
73 meaningful feedback that can be used for academic improvement;
74 (4) Developed in consultation with building-level administrators, teachers,
75 students, parents, and the community; and
76 (5) Available for demonstration and community inspection.
77 [6.] 4. (1) (a) The state board of education shall identify or, if necessary, establish
78 one or more developmentally appropriate alternate assessments for students who receive
79 special educational services, as that term is defined pursuant to section 162.675.
80 (b) In the development of such alternate assessments, the state board shall establish
81 an advisory panel consisting of a majority of active special education teachers residing in
82 Missouri and other education professionals as appropriate to research available assessment
83 options.
84 (c) The advisory panel shall attempt to identify preexisting developmentally
85 appropriate alternate assessments but shall, if necessary, develop alternate assessments and
86 recommend one or more alternate assessments for adoption by the state board.
87 (d) The state board shall consider the recommendations of the advisory council in
88 establishing such alternate assessment or assessments.
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89 (2) Any student who receives special educational services, as that term is defined
90 pursuant to section 162.675, shall be assessed by an alternate assessment established pursuant
91 to this subsection upon a determination by the student's individualized education program
92 team that such alternate assessment is more appropriate to assess the student's knowledge,
93 skills and competencies than the assessment developed pursuant to subsection 1 of this
94 section.
95 (3) The alternate assessment shall evaluate the student's independent living skills,
96 which include how effectively the student addresses common life demands and how well the
97 student meets standards for personal independence expected for someone in the student's age
98 group, sociocultural background, and community setting.
99 [7.] 5. The state board of education shall also develop recommendations regarding
100 alternate assessments for any military dependent who relocates to Missouri after the
101 commencement of a school term, in order to accommodate such student while ensuring that
102 he or she is proficient in the knowledge, skills, and competencies adopted under section
103 160.514.
104 [8.] 6. (1) As used in this subsection, the following terms mean:
105 (a) "Department", the department of elementary and secondary education;
106 (b) "Grade-level equivalence", a metric developed for grades three to eight and used
107 by the department to show a student's proximity to doing grade-level work;
108 (c) "Parent", a parent, guardian, custodian, or other person with authority to act on
109 behalf of a student.
110 (2) Grade-level equivalence, as developed and used under this subsection, shall
111 consist of a student's knowledge of academic subjects by grade level and performance-level
112 descriptors indicating whether such student is ready for the next grade or level of education.
113 Such performance-level descriptors shall consist of the following:
114 (a) Advanced, which shall indicate that such student:
115 a. Demonstrates superior performance on challenging grade-level subject matter;
116 b. Is above such student's current grade or level of education; and
117 c. Is ready for, at a minimum, the next grade or level of education;
118 (b) Proficient, which shall indicate that such student:
119 a. Demonstrates mastery over all appropriate grade-level standards and has
120 introductory-level knowledge for the next grade or level of education;
121 b. May be above such student's current grade or level of education in some areas; and
122 c. Is ready for the next grade or level of education;
123 (c) Grade level, which shall indicate that such student:
124 a. Demonstrates mastery over appropriate grade-level subject matter;
125 b. Is at such student's current grade or level of education; and
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126 c. May be ready, with appropriate reinforcement, for the next grade or level of
127 education;
128 (d) Basic, which shall indicate that such student:
129 a. Demonstrates partial mastery of the essential knowledge and skills appropriate to
130 such student's grade or level of education;
131 b. May not be at such student's current grade or level of education; and
132 c. May not be ready, without appropriate remediation, for the next grade or level of
133 education; and
134 (e) Below basic, which shall indicate that such student:
135 a. Has failed to perform, at a minimum, at the limited knowledge level necessary for
136 such student's grade or level of education;
137 b. Is not at such student's current grade or level of education; and
138 c. Has been determined to be at the specific lower grade or level of education
139 measured by and listed in such student's statewide assessment score.
140 (3) (a) Such grade-level equivalence shall be determined at the same time each
141 student's academic performance is measured by the statewide assessment system developed
142 under this section.
143 (b) Such grade-level equivalence shall be provided at the same time such student's
144 statewide assessment score is reported to such student or such student's parent.
145 (4) (a) Data related to grade-level equivalence shall be searchable on a building-by-
146 building, school-by-school, district-by-district, and statewide basis on the department's school
147 accountability report card developed under section 160.522.
148 (b) Data related to grade-level equivalence shall display the percentage of students
149 whose performance-level descriptor is grade level or above on a building-by-building, school-
150 by-school, district-by-district, and statewide basis.
151 (c) No data related to grade-level equivalence shall be disclosed in any form that
152 allows the personal identification of any student to any individual or entity except such
153 student or such student's parent.
154 (5) The provisions of subsection 2 of section 160.514 shall not apply to the
155 development of the grade-level equivalence metric.
156 (6) The department may choose a third-party nonprofit entity to develop the grade-
157 level equivalence metric.
160.522. 1. The department of elementary and secondary education shall produce or
2 cause to be produced, at least annually, a school accountability report card for each public
3 school district, each public school building in a school district, and each charter school in the
4 state. The report card shall be designed to satisfy state and federal requirements for the
5 disclosure of statistics about students, staff, finances, academic achievement, and other
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6 indicators. The purpose of the report card shall be to provide educational statistics and
7 accountability information for parents, taxpayers, school personnel, legislators, and the print
8 and broadcast news media in a standardized, easily accessible form.
9 2. [(1) The department of elementary and secondary education shall develop a
10 standard form for the school accountability report card.
11 (2)] The information reported shall include, but not be limited to, the following
12 information reported by each school district or charter school:
13 [(a)] (1) The [most recent] accreditation [rating] status;
14 [(b)] (2) Enrollment;
15 [(c)] (3) Rates of pupil attendance;
16 [(d)] (4) High school dropout rate and graduation rate;
17 [(e)] (5) The number and rate of suspensions of ten days or longer and expulsions of
18 pupils;
19 [(f)] (6) The district or charter school ratio of students to administrators and students
20 to classroom teachers;
21 [(g)] (7) The average years of experience of professional staff and advanced degrees
22 earned;
23 [(h)] (8) Student achievement and grade-level equivalence data as measured through
24 the statewide and local assessment [system] systems developed pursuant to section 160.518;
25 [(i)] (9) Student scores on the ACT, along with the percentage of graduates taking the
26 test;
27 [(j)] (10) Average teachers' and administrators' salaries compared to the state
28 averages;
29 [(k)] (11) Average per-pupil current expenditures for the district or charter school as a
30 whole and by attendance center as reported to the department of elementary and secondary
31 education;
32 [(l)] (12) The adjusted tax rate of the district or charter school;
33 [(m)] (13) The assessed valuation of the district;
34 [(n)] (14) The percentage of the district or charter school operating budget received
35 from state, federal, and local sources;
36 [(o)] (15) The percentage of students eligible for free or reduced-price lunch;
37 [(p)] (16) Data on the percentage of students continuing their education in
38 postsecondary programs;
39 [(q)] (17) Information about the job placement rate for students who complete district
40 or charter school vocational education programs;
41 [(r)] (18) Whether the school district or charter school currently has a state-approved
42 gifted education program; and
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43 [(s)] (19) The percentage and number of students who are currently being served in
44 the district's or charter school's state-approved gifted education program.
45 3. The report card shall permit the disclosure of data on a school-by-school basis, but
46 the reporting shall not be personally identifiable to any student or education professional in
47 the state.
48 4. [The report card shall identify each school or attendance center that has been
49 identified as a priority school under sections 160.720 and 161.092. The report also shall
50 identify attendance centers that have been categorized under federal law as needing
51 improvement or requiring specific school improvement strategies.
52 5.] The report card shall not limit or discourage other methods of public reporting and
53 accountability by local school districts and charter schools. Districts and charter schools
54 shall provide information included in the report card to parents, community members, and the
55 print and broadcast news media[, and legislators] by December first annually or as soon
56 thereafter as the information is available to the district or charter school, giving preference to
57 methods that incorporate the reporting into substantive official communications such as
58 student report cards. The school district or charter school shall provide a printed copy of the
59 district-level or school-level report card to any patron upon request and shall make reasonable
60 efforts to supply businesses such as, but not limited to, real estate and employment firms with
61 copies or other information about the reports so that parents and businesses from outside the
62 district who may be contemplating relocation have access.
63 [6.] 5. For purposes of completing and distributing the annual report card as
64 prescribed in this section, a school district may include the data from a charter school located
65 within such school district, provided the local board of education or special administrative
66 board for such district and the charter school reach mutual agreement for the inclusion of the
67 data from the charter school [and the terms of such agreement are approved by the state board
68 of education] . The charter school shall not be required to be a part of the local educational
69 agency of such school district and may maintain a separate local educational agency status.
161.092. The state board of education shall:
2 (1) Adopt rules governing its own proceedings and formulate policies for the
3 guidance of the commissioner of education and the department of elementary and secondary
4 education;
5 (2) Carry out the educational policies of the state relating to public schools that are
6 provided by law and supervise instruction in the public schools;
7 (3) Direct the investment of all moneys received by the state to be applied to the
8 capital of any permanent fund established for the support of public education within the
9 jurisdiction of the department of elementary and secondary education and see that the funds
10 are applied to the branches of educational interest of the state that by grant, gift, devise or law
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11 they were originally intended, and if necessary institute suit for and collect the funds and
12 return them to their legitimate channels;
13 (4) Cause to be assembled information which will reflect continuously the condition
14 and management of the public schools of the state;
15 (5) Require of county clerks or treasurers, boards of education or other school
16 officers, recorders and treasurers of cities, towns and villages, copies of all records required to
17 be made by them and all other information in relation to the funds and condition of schools
18 and the management thereof that is deemed necessary;
19 (6) Provide blanks suitable for use by officials in reporting the information required
20 by the board;
21 (7) When conditions demand, cause the laws relating to schools to be published in a
22 separate volume, with pertinent notes and comments, for the guidance of those charged with
23 the execution of the laws;
24 (8) Grant, without fee except as provided in section 168.021, certificates of
25 qualification and licenses to teach in any of the public schools of the state, establish
26 requirements therefor, formulate regulations governing the issuance thereof, and cause the
27 certificates to be revoked for the reasons and in the manner provided in section 168.071;
28 (9) (a) For all school years before the 2027-28 school year:
29 a. Classify the public schools of the state, subject to limitations provided by law and
30 subdivision (14) of this section, establish requirements for the schools of each class, and
31 formulate rules governing the inspection and accreditation of schools preparatory to
32 classification, with such requirements taking effect not less than two years from the date of
33 adoption of the proposed rule by the state board of education, provided that this condition
34 shall not apply to any requirement for which a time line for adoption is mandated in either
35 federal or state law[. Such rules shall include a process to allow any district that is accredited
36 without provision that does not meet the state board's promulgated criteria for a classification
37 designation of accredited with distinction to propose alternative criteria to the state board to
38 be classified as accredited with distinction] ; and
39 b. Identify and recognize a minimum of two national school accreditation
40 agencies from which any district may seek to obtain accreditation; and
41 (b) For the 2027-28 school year and all subsequent school years, specify that any
42 district with current accreditation from at least one of the identified national school
43 accreditation agencies shall be considered to have full accreditation status, without
44 provision, for all purposes of state law and rules;
45 (10) Make an annual report on or before the first Wednesday after the first day of
46 January to the general assembly or, when it is not in session, to the governor for publication
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47 and transmission to the general assembly. The report shall be for the last preceding school
48 year, and shall include:
49 (a) A statement of the number of public schools in the state, the number of pupils
50 attending the schools, their sex, and the branches taught;
51 (b) A statement of the number of teachers employed, their sex, their professional
52 training, and their average salary;
53 (c) A statement of the receipts and disbursements of public school funds of every
54 description, their sources, and the purposes for which they were disbursed;
55 (d) Suggestions for the improvement of public schools; and
56 (e) Any other information relative to the educational interests of the state that the law
57 requires or the board deems important;
58 (11) Make an annual report to the general assembly and the governor concerning
59 coordination with other agencies and departments of government that support family literacy
60 programs and other services which influence educational attainment of children of all ages;
61 (12) Require from the chief officer of each division of the department of elementary
62 and secondary education, on or before the thirty-first day of August of each year, reports
63 containing information the board deems important and desires for publication;
64 (13) Cause fifty copies of its annual report to be reserved for the use of each division
65 of the state department of elementary and secondary education, and ten copies for
66 preservation in the state library;
67 (14) Promulgate rules under which the board shall classify the public schools of the
68 state subject to the limitations under subdivision (9) of this section; provided that the
69 appropriate scoring guides, instruments, and procedures used in determining the accreditation
70 status of a district shall be subject to a public meeting upon notice in a newspaper of general
71 circulation in each of the three most populous cities in the state and also a newspaper that is a
72 certified minority business enterprise or woman-owned business enterprise in each of the two
73 most populous cities in the state, and notice to each district board of education, each
74 superintendent of a school district, and to the speaker of the house of representatives, the
75 president pro tem of the senate, and the members of the joint committee on education, at least
76 fourteen days in advance of the meeting, which shall be conducted by the department of
77 elementary and secondary education not less than ninety days prior to their application in
78 accreditation, with all comments received to be reported to the state board of education;
79 (15) Have other powers and duties prescribed by law.
161.132. 1. Except as otherwise provided in subsection 3 of this section, the
2 department of elementary and secondary education includes the commissioner of education,
3 the members of the professional staff, and the other employees essential to the efficient
4 operation of the department.
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5 2. Upon the recommendation of the commissioner the board shall appoint the
6 members of the professional staff and the other employees and fix their compensation.
7 3. (1) For the 2027-28 school year and all subsequent school years, the
8 department shall employ no more than two hundred members of the professional staff
9 and other employees. Such professional staff and employees shall be individuals who
10 are essential for gathering data, reporting, and ensuring transparency.
11 (2) No staff member or employee of the Missouri School for the Deaf or the
12 Missouri School for the Blind shall be counted within the two hundred professional staff
13 and employee limit provided in subdivision (1) of this subsection.
✔
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