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5182S.05C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1370
AN ACT
To repeal section 173.831, RSMo, and to enact in lieu
thereof two new sections relating to education.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 173.831, RSMo, is repealed and two new
sections enacted in lieu thereof, to be known as sections
161.672 and 173.831, to read as follows:
161.672. 1. As used in this section, the following
terms mean:
(1) "Adult student", an individual who:
(a) Resides in this state;
(b) Does not have a high school diploma or a high
school equivalency certificate issued by any state;
(c) Is twenty-one years of age or older; and
(d) Has fewer than twelve credits remaining or a total
of two academic years remaining to achieve a high school
diploma in the state of Missouri. For purposes of this
paragraph, the term "credits remaining" shall not be
construed to include credits earned toward career and
technical education courses or attainment of an industry-
recognized credential, technical skills assessment, or
stackable credential;
(2) "Adult virtual program", a state-approved virtual
course or full-time virtual program offered by a school
district or a public institution of higher education.
2. An adult student may enroll in an adult virtual
program and shall be eligible to enroll in the Missouri
course access and virtual school program established in
section 161.670.
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3. (1) An adult virtual program under this subsection
shall not be entitled to any moneys paid to the school
district as ordinary school revenue, including, but not
limited to, local effort calculated under chapter 163. Such
program provider shall be entitled to receive a monthly
state allocation from the department of elementary and
secondary education, derived solely from the state moneys
the department collects and distributes based on the state
adequacy target as defined in section 163.011, in excess of
any minimum free public school funding and separate from any
payment from the public school fund as required by Article
IX of the Constitution of Missouri. Subject only to such
restrictions, each successfully passed and completed course
shall result in payment to the program equal to fourteen
percent of the state adequacy target.
(2) The total amount provided for an adult student
enrolled in an adult virtual program shall not exceed the
state adequacy target.
4. No school district with an adult student enrolled
in an adult virtual program shall be required to report such
adult student's information for purposes of a report
submitted under section 160.522 or 161.670.
173.831. 1. As used in this section, the following
terms mean:
(1) "Academic skill intake assessment", a criterion-
referenced assessment of numeracy and literacy skills with
high reliability and validity as determined by third-party
research;
(2) "Accredited", holding an active accreditation from
one of the seven United States regional accreditors
including, but not limited to, the Middle States Commission
on Higher Education, the New England Association of Schools
and Colleges, the Higher Learning Commission, the Northwest
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Commission on Colleges and Universities, the Southern
Association of Colleges and Schools, the Western Association
of Schools and Colleges, and the Accrediting Commission for
Community and Junior Colleges, as well as any successor
entities or consolidations of the above including, but not
limited to, AdvancEd or Cognia;
(3) "Adult dropout recovery services" includes, but is
not limited to, sourcing, recruitment, and engagement of
eligible students, learning plan development, active
teaching, and proactive coaching and mentoring, resulting in
an accredited high school diploma and pathway to post
secondary education opportunities;
(4) "[Approved] Adult program provider", a public, not-
for-profit, or other entity [that meets the requirements of
subdivision (2) of subsection 3 of this section or any
consortium of such entities] authorized under section
161.672;
(5) ["Average cost per graduate", the amount of the
total program funding reimbursed to an approved program
provider for each cohort during the period of time from the
beginning of the same cohort through the subsequent twelve
months after the close of the same cohort, divided by the
total number of students who graduated from the same cohort
within twelve months after the close of the same cohort or
enrollment in postsecondary education;
(6)] "Career pathways coursework", one or more courses
that align with the skill needs of industries in the economy
of the state or region that help an individual enter or
advance within a specific occupation or occupational cluster;
[(7)] (6) "Career placement services", services
designed to assist students in obtaining employment, such as
career interest self-assessments and job search skills such
as resume development and mock interviews;
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[(8)] (7) "Coaching", proactive communication between
the [approved] adult program provider and the student
related to the student's pace and progress through the
student's learning plan;
[(9)] (8) "Cohort", students who enter the program
between July first and June thirtieth of each program year;
[(10)] (9) "Department", the department of elementary
and secondary education;
[(11)] (10) "Employability skills certification", a
certificate earned by demonstrating professional
nontechnical skills through assessment, portfolio, or
observation;
[(12)] (11) "Graduate", a student who has successfully
completed all of the state and approved program provider
requirements in order to obtain a high school diploma;
[(13)] (12) "Graduation rate", the total number of
graduates from a cohort who graduated within twelve months
after the close of the cohort divided by the total number of
students included in the same cohort;
[(14)] (13) "Graduation requirements", course and
credit requirements for the approved program provider's
accredited high school diploma;
[(15)] (14) "High school diploma", a diploma issued by
an accredited institution;
[(16)] (15) "Industry-recognized credential", an
education-related credential or work-related credential that
verifies an individual's qualification or competence issued
by a third party with the relevant authority to issue such
credential;
[(17)] (16) "Learning plan", a documented plan for
courses or credits needed for each individual in order to
complete program and approved program provider graduation
requirements;
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[(18)] (17) "Mentoring", a direct relationship between
a coach and a student to facilitate the completion of the
student's learning plan designed to prepare the student to
succeed in the program and the student's future endeavors;
[(19) "Milestones", objective measures of progress for
which payment is made to an approved program provider under
this section such as earned units of high school credit,
attainment of an employability skills certificate,
attainment of an industry-recognized credential, attainment
of a technical skills assessment, and attainment of an
accredited high school diploma;
(20)] (18) "Program", the workforce diploma program
established in this section;
[(21) "Request for qualifications", a request for
interested potential program providers to submit evidence
that they meet the qualifications established in subsection
3 of this section;
(22)] (19) "Stackable credential", a third-party
credential that is part of a sequence of credentials that
can be accumulated over time to build up an individual's
qualifications to advance along a career pathway;
[(23)] (20) "Student", a participant in the program
established in this section who is twenty-one years of age
or older, who is a resident of Missouri, and who has not yet
earned a high school diploma;
[(24)] (21) "Technical skills assessment", a criterion-
referenced assessment of an individual's skills required for
an entry-level career, or additional training in a technical
field, or other postsecondary opportunities;
[(25)] (22) "Transcript evaluation", a documented
summary of credits earned in previous public or private
accredited high schools compared with the program and
approved program provider graduation requirements;
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[(26)] (23) "Unit of high school credit", credit
awarded based on a student's demonstration that the student
has successfully met the content expectations for the credit
area as defined by subject area standards, expectations, or
guidelines.
2. There is hereby established the "Workforce Diploma
Program" within the department of elementary and secondary
education to assist students with obtaining a high school
diploma and developing employability and career technical
skills. The program may be delivered in campus-based,
blended, or online modalities.
3. [(1) Before September 1, 2022, and annually
thereafter, the department shall issue a request for
qualifications for interested program providers to become
approved program providers and participate in the program.
(2) Each approved program provider shall meet all of
the following qualifications:
(a) Be an accredited high school diploma-granting
entity;
(b) Have a minimum of two years of experience
providing adult dropout recovery services;
(c) Provide academic skill intake assessments and
transcript evaluations to each student. Such academic skill
intake assessments may be administered in person or online;
(d) Develop a learning plan for each student that
integrates graduation requirements and career goals;
(e) Provide a course catalog that includes all courses
necessary to meet graduation requirements;
(f) Offer remediation opportunities in literacy and
numeracy, as applicable;
(g) Offer employability skills certification, as
applicable;
(h) Offer career pathways coursework, as applicable;
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(i) Ability to provide preparation for industry-
recognized credentials or stackable credentials, a technical
skills assessment, or a combination thereof; and
(j) Offer career placement services, as applicable.
(3) Upon confirmation by the department that an
interested program provider meets all of the qualifications
listed in subdivision (2) of this subsection, an interested
program provider shall become an approved program provider.
4. (1) The department shall announce the approved
program providers before October sixteenth annually, with
authorization for the approved program providers to begin
enrolling students before November fifteenth annually.
(2) Approved program providers shall maintain approval
without reapplying annually if the approved program provider
has not been removed from the approved program provider list
under this section.
5. All approved program providers shall comply with
requirements as provided by the department to ensure:
(1) An accurate accounting of a student's accumulated
credits toward a high school diploma;
(2) An accurate accounting of credits necessary to
complete a high school diploma; and
(3) The provision of coursework aligned to the
academic performance standards of the state.
6. (1) Except as provided in subdivision (2) of this
subsection, the department shall pay an amount as set by the
department to approved program providers for the following
milestones provided by the approved program provider:
(a) Completion of each half unit of high school credit;
(b) Attainment of an employability skills
certification;
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(c) Attainment of an industry-recognized credential,
technical skills assessment, or stackable credential
requiring no more than fifty hours of training;
(d) Attainment of an industry-recognized credential or
stackable credential requiring at least fifty-one but no
more than one hundred hours of training;
(e) Attainment of an industry-recognized credential or
stackable credential requiring more than one hundred hours
of training; and
(f) Attainment of an accredited high school diploma.
(2)] No [approved] adult program provider shall
receive funding for a student under [this] section 161.672
if the [approved] adult program provider receives federal or
state funding or private tuition for that student. No
[approved] adult program provider shall charge student fees
of any kind including, but not limited to, textbook fees,
tuition fees, lab fees, or participation fees unless the
student chooses to obtain additional education offered by
the [approved] adult program provider that is not included
in the state-funded program.
[(3) Payments made under this subsection shall be
subject to an appropriation made to the department for such
purposes.
7. (1) Approved program providers shall submit
monthly invoices to the department before the eleventh
calendar day of each month for milestones met in the
previous calendar month.
(2) The department shall pay approved program
providers in the order in which invoices are submitted until
all available funds are exhausted.
(3) The department shall provide a written update to
approved program providers by the last calendar day of each
month. The update shall include the aggregate total dollars
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that have been paid to approved program providers to date
and the estimated number of enrollments still available for
the program year.
8.] 4. Before July sixteenth of each year, each adult
provider shall report the following metrics to the
department for each individual cohort, on a cohort-by-cohort
basis:
(1) The total number of students who have been funded
through the program;
(2) The total number of credits earned;
(3) The total number of employability skills
certifications issued;
(4) The total number of industry-recognized
credentials, stackable credentials, and technical skills
assessments earned for each tier of funding; and
(5) The total number of graduates[;
(6) The average cost per graduate once the stipulated
time to make such a calculation has passed; and
(7) The graduation rate once the stipulated time to
make such a calculation has passed].
[9.] 5. (1) Before September sixteenth of each year,
each [approved] adult program provider shall conduct and
submit to the department the aggregate results of a survey
of each individual cohort, on a cohort-by-cohort basis, who
graduated from the program of the [approved] adult program
provider under this section. The survey shall be conducted
in the year after the year in which the individuals graduate
and the next four consecutive years.
(2) The survey shall include at least the following
data collection elements for each year the survey is
conducted:
(a) The individual's employment status, including
whether the individual is employed full time or part time;
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(b) The individual's hourly wages;
(c) The individual's access to employer-sponsored
health care; and
(d) The individual's postsecondary enrollment status,
including whether the individual has completed a
postsecondary certificate or degree program.
[10.] 6. (1) Beginning at the end of the second
fiscal year of the program, the department shall review data
from each [approved] adult program provider to ensure that
each is achieving a minimum [program performance standards
including, but not limited to:
(a) A minimum] fifty percent average graduation rate
per cohort[; and
(b) An average cost per graduate per cohort of seven
thousand dollars or less].
(2) Any [approved] adult program provider that fails
to meet the minimum program performance standards described
in subdivision (1) of this subsection shall be placed on
probationary status for the remainder of the fiscal year by
the department.
(3) Any [approved] adult program provider that fails
to meet the minimum program performance standards described
in subdivision (1) of this subsection for two consecutive
years shall be removed from the Missouri course access and
virtual school program under section 161.670 approved
program provider list by the department.
[11.] 7. (1) No [approved] adult program provider
shall discriminate against a student on the basis of race,
color, religion, national origin, ancestry, sex, sexuality,
gender, or age.
(2) If an [approved] adult program provider determines
that a student would be better served by participating in a
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different program, the approved program provider may refer
the student to the state's adult basic education services.
[12. (1) There is hereby created in the state
treasury the "Workforce Diploma Program Fund", which shall
consist of any grants, gifts, donations, bequests, or moneys
appropriated under this section. The state treasurer shall
be custodian of the fund. In accordance with sections
30.170 and 30.180, the state treasurer may approve
disbursements. The fund shall be a dedicated fund and, upon
appropriation, moneys in the fund shall be used solely as
provided in this section.
(2) Notwithstanding the provisions of section 33.080
to the contrary, any moneys remaining in the fund at the end
of the biennium shall not revert to the credit of the
general revenue fund.
(3) The state treasurer shall invest moneys in the
fund in the same manner as other funds are invested. Any
interest and moneys earned on such investments shall be
credited to the fund.
13.] 8. The director of the department may promulgate
all necessary rules and regulations for the administration
of this section. Any rule or portion of a rule, as that
term is defined in section 536.010, that is created under
the authority delegated in this section shall become
effective only if it complies with and is subject to all of
the provisions of chapter 536 and, if applicable, section
536.028. This section and chapter 536 are nonseverable and
if any of the powers vested with the general assembly
pursuant to chapter 536 to review, to delay the effective
date, or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28,
2022, shall be invalid and void.
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[14. Under section 23.253 of the Missouri sunset act:
(1) The provisions of the new program authorized under
this section shall automatically sunset six years after
August 28, 2022, unless reauthorized by an act of the
general assembly; and
(2) If such program is reauthorized, the program
authorized under this section shall automatically sunset
twelve years after the effective date of the reauthorization
of this section; and
(3) This section shall terminate on September first of
the calendar year immediately following the calendar year in
which the program authorized under this section is sunset.
15. If any provision of this section or its
application to any person or circumstance is held invalid,
such determination shall not affect the provisions or
applications of the remainder of this act which may be given
effect without the invalid provision or application, and to
that end the provisions of this section are severable.]