Creates, repeals, and modifies provisions relating to elementary and secondary schools

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1483
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
5947S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 160.054, 160.055, 160.415, 162.301, 162.411, 162.511, 162.531, 162.700,
162.890, 163.011, 164.131, 164.161, 164.191, 164.201, 164.221, 164.261, 164.301,
165.141, 170.014, 177.073, 177.086, and 177.091, RSMo, and to enact in lieu thereof
twenty-one new sections relating to elementary and secondary schools.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 160.054, 160.055, 160.415, 162.301, 1
162.411, 162.511, 162.531, 162.700, 162.890, 163.011, 164.131, 2
164.161, 164.191, 164.201, 164.221, 164.261, 164.301, 165.141, 3
170.014, 177.073, 177.086, and 177.091, RSMo, are repealed and 4
twenty-one new sections enacted in lieu thereof, to be known as 5
sections 160.054, 160.055, 160.415, 162.301, 162.411, 162.511, 6
162.531, 162.700, 162.890, 163.011, 164.131, 164.161, 164.191, 7
164.201, 164.261, 164.301, 165.141, 170.014, 177.073, 177.086, 8
and 177.091, to read as follows:9
160.054. 1. Notwithstanding any provisions of 1
sections 160.051 and 160.053[,] to the contrary, [beginning 2
with the 1997-98 school year,] all metropolitan school 3
districts and all charter schools, except as provided in 4
subsection 2 of this section, may establish and enforce a 5
regulation which requires that a child shall have attained 6
the age of three by August first for purposes of 7
prekindergarten if a school district or charter school 8
maintains such a program, the age of five for purposes of 9
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kindergarten and summer school prior to a kindergarten 10
school term, and the age of six for purposes of grade one, 11
on or before any date between August first and October first 12
of that year. The school district or charter school shall 13
receive state aid for any child admitted to kindergarten, 14
summer school prior to kindergarten, or grade one pursuant 15
to this section, notwithstanding the provisions of section 16
160.051. 17
2. Any kindergarten or grade one pupil beginning the 18
school term and any pupil beginning summer school prior to a 19
kindergarten school term in a metropolitan school district 20
or charter school and subsequently transferring to another 21
school district in this state in which the child's birth 22
date would preclude such child's eligibility for entrance 23
shall be deemed eligible for attendance and shall not be 24
required to meet the minimum age requirements. The 25
receiving school district shall receive state aid for the 26
child, notwithstanding the provisions of section 160.051. 27
3. Any child who completes the kindergarten year in a 28
metropolitan school district or charter school shall not be 29
required to meet the minimum age requirements of another 30
school district in this state for entrance into grade one. 31
4. The provisions of subsections 1 and 2 of this 32
section, relating to kindergarten instruction and state aid 33
therefor, shall not apply during any particular school year 34
to those districts or charter schools which do not provide 35
kindergarten classes that year. 36
160.055. 1. Notwithstanding any provisions of 1
sections 160.051 and 160.053[,] to the contrary, [beginning 2
with the 1997-98 school year,] all charter schools and all 3
urban school districts containing the greater part of the 4
population of a city which has more than three hundred 5
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thousand inhabitants, except as provided in subsection 2 of 6
this section, may establish and enforce a regulation which 7
requires that a child shall have attained the age of three 8
by August first for purposes of prekindergarten if a school 9
district maintains such a program, the age of five for 10
purposes of kindergarten and summer school prior to a 11
kindergarten school term, and the age of six for purposes of 12
grade one, on or before any date between August first and 13
October first of that year. The school district or charter 14
school shall receive state aid for any child admitted to 15
kindergarten, summer school prior to kindergarten, or grade 16
one pursuant to this section, notwithstanding the provisions 17
of section 160.051. 18
2. Any kindergarten or grade one pupil beginning the 19
school term and any pupil beginning summer school prior to a 20
kindergarten school term in a charter school or an urban 21
school district in this state containing the greater part of 22
the population of a city which has more than three hundred 23
thousand inhabitants and subsequently transferring to 24
another school district in this state in which the child's 25
birth date would preclude such child's eligibility for 26
entrance shall be deemed eligible for attendance and shall 27
not be required to meet the minimum age requirements. The 28
receiving school district shall receive state aid for the 29
child, notwithstanding the provisions of section 160.051. 30
3. Any child who completes the kindergarten year in a 31
charter school or an urban school district containing the 32
greater part of the population of a city which has more than 33
three hundred thousand inhabitants shall not be required to 34
meet the minimum age requirements of another school district 35
in this state for entrance into grade one. 36
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4. The provisions of subsections 1 and 2 of this 37
section, relating to kindergarten instruction and state aid 38
therefor, shall not apply during any particular school year 39
to those districts or charter schools which do not provide 40
kindergarten classes that year. 41
160.415. 1. For the purposes of calculation and 1
distribution of state school aid under section 163.031, 2
pupils enrolled in a charter school shall be included in the 3
pupil enrollment of the school district within which each 4
pupil resides. Each charter school shall report the 5
eligibility for free and reduced price lunch, special 6
education, or limited English proficiency status, as well as 7
eligibility for categorical aid, of pupils resident in a 8
school district who are enrolled in the charter school to 9
the school district in which those pupils reside. The 10
charter school shall report the average daily attendance 11
data, free and reduced price lunch count, special education 12
pupil count, and limited English proficiency pupil count to 13
the state department of elementary and secondary education. 14
Each charter school shall promptly notify the state 15
department of elementary and secondary education and the 16
pupil's school district when a pupil discontinues enrollment 17
at a charter school. 18
2. Except as provided in subsections 3 and 4 of this 19
section, the aid payments for charter schools shall be as 20
described in this subsection. 21
(1) A school district having one or more resident 22
pupils attending a charter school shall pay to the charter 23
school an annual amount equal to the product of the charter 24
school's weighted average daily attendance and the state 25
adequacy target, multiplied by the dollar value modifier for 26
the district, plus local tax revenues per weighted average 27
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daily attendance from the incidental and teachers' funds in 28
excess of the performance levy as defined in section 163.011 29
plus all other state aid attributable to such pupils. 30
(2) The district of residence of a pupil attending a 31
charter school shall also pay to the charter school any 32
other federal or state aid that the district receives on 33
account of such pupil. 34
(3) If the department overpays or underpays the amount 35
due to the charter school, such overpayment or underpayment 36
shall be repaid by the charter school or credited to the 37
charter school in twelve equal payments in the next fiscal 38
year. 39
(4) The amounts provided pursuant to this subsection 40
shall be prorated for partial year enrollment for a pupil. 41
(5) A school district shall pay the amounts due 42
pursuant to this subsection as the disbursal agent and no 43
later than twenty days following the receipt of any such 44
funds. The department of elementary and secondary education 45
shall pay the amounts due when it acts as the disbursal 46
agent within five days of the required due date. 47
3. A workplace charter school shall receive payment 48
for each eligible pupil as provided under subsection 2 of 49
this section, except that if the pupil is not a resident of 50
the district and is participating in a voluntary 51
interdistrict transfer program, the payment for such pupils 52
shall be the same as provided under section 162.1060. 53
4. A charter school that has declared itself as a 54
local educational agency shall receive from the department 55
of elementary and secondary education an annual amount equal 56
to the product of the charter school's weighted average 57
daily attendance and the state adequacy target, multiplied 58
by the dollar value modifier for the district, plus local 59
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tax revenues per weighted average daily attendance from the 60
incidental and teachers funds in excess of the performance 61
levy as defined in section 163.011 plus all other state aid 62
attributable to such pupils. If a charter school declares 63
itself as a local educational agency, the department of 64
elementary and secondary education shall, upon notice of the 65
declaration, reduce the payment made to the school district 66
by the amount specified in this subsection and pay directly 67
to the charter school the annual amount reduced from the 68
school district's payment. 69
5. If a school district fails to make timely payments 70
of any amount for which it is the disbursal agent, the state 71
department of elementary and secondary education shall 72
authorize payment to the charter school of the amount due 73
pursuant to subsection 2 of this section and shall deduct 74
the same amount from the next state school aid apportionment 75
to the owing school district. If a charter school is paid 76
more or less than the amounts due pursuant to this section, 77
the amount of overpayment or underpayment shall be adjusted 78
equally in the next twelve payments by the school district 79
or the department of elementary and secondary education, as 80
appropriate. Any dispute between the school district and a 81
charter school as to the amount owing to the charter school 82
shall be resolved by the department of elementary and 83
secondary education, and the department's decision shall be 84
the final administrative action for the purposes of review 85
pursuant to chapter 536. During the period of dispute, the 86
department of elementary and secondary education shall make 87
every administrative and statutory effort to allow the 88
continued education of students in their current charter 89
school setting. 90
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6. The charter school and a local school board may 91
agree by contract for services to be provided by the school 92
district to the charter school. The charter school may 93
contract with any other entity for services. Such services 94
may include but are not limited to food service, custodial 95
service, maintenance, management assistance, curriculum 96
assistance, media services and libraries and shall be 97
subject to negotiation between the charter school and the 98
local school board or other entity. Documented actual costs 99
of such services shall be paid for by the charter school. 100
7. In the case of a proposed charter school that 101
intends to contract with an education service provider for 102
substantial educational services or management services, the 103
request for proposals shall additionally require the charter 104
school applicant to: 105
(1) Provide evidence of the education service 106
provider's success in serving student populations similar to 107
the targeted population, including demonstrated academic 108
achievement as well as successful management of nonacademic 109
school functions, if applicable; 110
(2) Provide a term sheet setting forth the proposed 111
duration of the service contract; roles and responsibilities 112
of the governing board, the school staff, and the service 113
provider; scope of services and resources to be provided by 114
the service provider; performance evaluation measures and 115
time lines; compensation structure, including clear 116
identification of all fees to be paid to the service 117
provider; methods of contract oversight and enforcement; 118
investment disclosure; and conditions for renewal and 119
termination of the contract; 120
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(3) Disclose any known conflicts of interest between 121
the school governing board and proposed service provider or 122
any affiliated business entities; 123
(4) Disclose and explain any termination or nonrenewal 124
of contracts for equivalent services for any other charter 125
school in the United States within the past five years; 126
(5) Ensure that the legal counsel for the charter 127
school shall report directly to the charter school's 128
governing board; and 129
(6) Provide a process to ensure that the expenditures 130
that the education service provider intends to bill to the 131
charter school shall receive prior approval of the governing 132
board or its designee. 133
8. A charter school may enter into contracts with 134
community partnerships and state agencies acting in 135
collaboration with such partnerships that provide services 136
to students and their families linked to the school. 137
9. A charter school shall be eligible for 138
transportation state aid pursuant to section 163.161 and 139
shall be free to contract with the local district, or any 140
other entity, for the provision of transportation to the 141
students of the charter school. 142
10. (1) The proportionate share of state and federal 143
resources generated by students with disabilities or staff 144
serving them shall be paid in full to charter schools 145
enrolling those students by their school district where such 146
enrollment is through a contract for services described in 147
this section. The proportionate share of money generated 148
under other federal or state categorical aid programs shall 149
be directed to charter schools serving such students 150
eligible for that aid. 151
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(2) A charter school shall provide the special 152
services provided pursuant to section 162.705 and may 153
provide the special services pursuant to a contract with a 154
school district or any provider of such services. For 155
students served in special districts established under 156
sections 162.815 to 162.940 in a county with more than one 157
million inhabitants, such students shall be included in the 158
weighted membership and weighted average daily attendance 159
counts of the special district as provided in section 160
163.011. 161
11. A charter school shall not charge tuition or 162
impose fees that a school district is prohibited from 163
charging or imposing, except that a charter school may 164
receive tuition payments from districts in the same or an 165
adjoining county for nonresident students who transfer to an 166
approved charter school, as defined in section 167.895, from 167
an unaccredited district. 168
12. A charter school is authorized to incur debt in 169
anticipation of receipt of funds. A charter school may also 170
borrow to finance facilities and other capital items. A 171
school district may incur bonded indebtedness or take other 172
measures to provide for physical facilities and other 173
capital items for charter schools that it sponsors or 174
contracts with. Except as otherwise specifically provided 175
in sections 160.400 to 160.425, upon the dissolution of a 176
charter school, any liabilities of the corporation will be 177
satisfied through the procedures of chapter 355. A charter 178
school shall satisfy all its financial obligations within 179
twelve months of notice from the sponsor of the charter 180
school's closure under subsection 8 of section 160.405. 181
After satisfaction of all its financial obligations, a 182
charter school shall return any remaining state and federal 183
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funds to the department of elementary and secondary 184
education for disposition as stated in subdivision (17) of 185
subsection 1 of section 160.405. The department of 186
elementary and secondary education may withhold funding at a 187
level the department determines to be adequate during a 188
school's last year of operation until the department 189
determines that school records, liabilities, and reporting 190
requirements, including a full audit, are satisfied. 191
13. Charter schools shall not have the power to 192
acquire property by eminent domain. 193
14. The governing board of a charter school is 194
authorized to accept grants, gifts or donations of any kind 195
and to expend or use such grants, gifts or donations. A 196
grant, gift or donation shall not be accepted by the 197
governing board if it is subject to any condition contrary 198
to law applicable to the charter school or other public 199
schools, or contrary to the terms of the charter. 200
15. In addition to any state aid remitted to charter 201
schools under this section, the department of elementary and 202
secondary education shall remit to any charter school an 203
amount equal to the weighted average daily attendance of the 204
charter school multiplied by the difference of: 205
(1) The amount of state aid and local aid per weighted 206
average daily attendance received by the school district in 207
which the charter school is located, not including any funds 208
remitted to charter schools in the district. For the 209
purposes of this subdivision, the weighted average daily 210
attendance of the school district shall not include the 211
weighted average daily attendance of the charter schools 212
located in the district; and 213
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(2) The amount of state aid and local aid per weighted 214
average daily attendance of the charter school received by 215
the charter school. 216
16. Charter schools may adjust weighted average daily 217
attendance pursuant to section 163.036. 218
17. When calculating the amounts in subdivisions (1) 219
and (2) of subsection 15 of this section, the department 220
shall utilize the most current data to which the department 221
has access. 222
18. For the purposes of subsection 15 of this section: 223
(1) The definitions contained in section 163.011, 224
shall apply; 225
(2) The term "local aid" shall mean all local and 226
county revenue received, including, but not limited to, the 227
following: 228
(a) Property taxes and delinquent taxes; 229
(b) Merchants' and manufacturers' tax revenues; 230
(c) Financial institutions' tax revenues; 231
(d) City sales tax revenue, including city sales tax 232
collected in any city not within a county; 233
(e) Payments in lieu of taxes; and 234
(f) Revenues from state-assessed railroad and 235
utilities tax; 236
(3) The term local aid shall not be construed to 237
include: 238
(a) Charitable contributions, gifts, and grants made 239
to school districts; 240
(b) Interest earnings of school districts and student 241
fees paid to school districts; 242
(c) Debt service authorized by a public vote for the 243
purpose of making payments on a bond issuance of a school 244
district; 245
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(d) Proposition C revenues received for school 246
purposes from the school district trust fund under section 247
163.087; or 248
(e) Any other funding solely intended for a particular 249
school district or their respective employees, schools, 250
foundations, or organizations; 251
(4) The term "state aid" shall mean any revenues 252
received pursuant to this section and sections 163.043 and 253
163.087. 254
19. Notwithstanding any other provision of law to the 255
contrary, subsections 15 to 18 of this section shall be 256
applicable to charter schools operated only in the following 257
school districts, provided that no such school district 258
shall be located in a county with more than one hundred 259
fifty thousand but fewer than two hundred thousand 260
inhabitants: 261
(1) In a metropolitan school district; 262
(2) In an urban school district containing most or all 263
of a city with more than four hundred thousand inhabitants 264
and located in more than one county; 265
(3) In a school district that has been classified as 266
unaccredited by the state board of education; 267
(4) In a school district that has been classified as 268
provisionally accredited by the state board of education and 269
has received scores on its annual performance report 270
consistent with a classification of provisionally accredited 271
or unaccredited for three consecutive school years beginning 272
with the 2012-13 accreditation year under the conditions 273
described in paragraphs (a) and (b) of subdivision (4) of 274
subsection 2 of section 160.400; or 275
(5) In a school district that has been accredited 276
without provisions, sponsored only by the local school board 277
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under the conditions described in subdivision (6) of 278
subsection 2 of section 160.400. 279
20. (1) The members of the governing board of a 280
charter school shall be residents of the state of Missouri. 281
(2) Any current member of a governing board of a 282
charter school who does not meet the requirements in 283
subdivision (1) of this subsection may complete their term. 284
Such individual shall not be renominated as a member of the 285
governing board on which he or she sits. 286
21. (1) Any charter school management company 287
operating a charter school in the state shall be a nonprofit 288
corporation incorporated pursuant to chapter 355. 289
(2) Notwithstanding any provision of law to the 290
contrary, if a charter school is operated by a charter 291
school management company, all laws and regulations that 292
apply to employees of such charter school shall apply to the 293
actions of any employees of the management company while 294
they are conducting any work relating to the direct decision- 295
making of the operation of such charter school. 296
22. Beginning July 1, 2023, the provisions of section 297
160.995 shall be applicable to charter schools. 298
23. Each charter school shall publish its annual 299
performance report on the school's website in a downloadable 300
format. 301
162.301. 1. Within fourteen days after the 1
certification of the election of the first school board in 2
each seven-director district, other than an urban district, 3
and within fourteen days after the certification of each 4
annual election, the board shall meet. The newly elected 5
members shall qualify by taking the oath of office 6
prescribed by Article VII, Section 11, of the Constitution 7
of Missouri. 8
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2. The board shall organize by the election of a 9
president and vice president, and the board shall, on or 10
before the fifteenth day of July of each year, elect a 11
secretary and a treasurer, who shall enter upon their 12
respective duties on the fifteenth day of July. The 13
secretary and treasurer may be or may not be members of the 14
board. [No compensation shall be granted to either the 15
secretary or the treasurer until his report and settlement 16
are made and filed or published as the law directs.] 17
3. A majority of the board constitutes a quorum for 18
the transaction of business, but no contract shall be let, 19
person employed, bill approved or warrant ordered unless a 20
majority of the whole board votes therefor, or unless a 21
majority of all members of the board votes to delegate 22
decision-making authority regarding such items to the 23
district superintendent. If such authority is so delegated, 24
the superintendent shall report to the board on a monthly 25
basis regarding all decisions made on such items. 26
162.411. The board of any district may retain counsel 1
when necessary to the exercise of its powers. [In all 2
school districts in this state which contain one or more 3
cities or towns having a total population of thirty thousand 4
inhabitants or over the school board may employ an attorney 5
on a retainer basis whenever the board finds it necessary to 6
do so and may prescribe his duties, compensation and term of 7
office, which shall not exceed one year.] 8
162.511. Except as provided in laws specifically 1
applicable to urban districts the board in any urban 2
district shall perform the same duties and be subject to the 3
same restrictions and liabilities as the school boards of 4
other school districts acting under the general school laws 5
of the state. A majority of the board constitutes a quorum 6
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for the transaction of business. No contract shall be let, 7
teacher employed, bill approved or warrant ordered unless a 8
majority of the board shall vote therefor[, but this 9
provision does not apply to the reemployment of any 10
teacher. It]; except that, a majority of all members of the 11
board may vote to delegate decision-making authority 12
regarding such items to the district superintendent. If 13
such authority is so delegated, the superintendent shall 14
report to the board on a monthly basis regarding all 15
decisions made on such items. The board shall provide and 16
keep a corporate seal. 17
162.531. The secretary of the board of each urban 1
district shall keep a record of the proceedings of the 2
board; he shall also keep a record of all warrants drawn 3
upon the treasurer, showing the date and amount of each, in 4
whose favor and upon what account it was drawn[, and shall 5
also keep a register of the bonded indebtedness of the 6
school district]; he shall also perform other duties 7
required of him by the board, and shall safely keep [all 8
bonds or other] papers entrusted to his care. He shall, 9
before entering upon his duties, execute a bond to the 10
school district in the penal sum of not less than five 11
thousand dollars, the amount thereof to be fixed by the 12
board, with at least one surety, to be approved by the board. 13
162.700. 1. The board of education of each school 1
district and charter school in this state, except school 2
districts and charter schools which are part of a special 3
school district, and the board of education of each special 4
school district shall provide special educational services 5
for children with disabilities three years of age or more 6
residing in the district as required by P.L. 99-457, as 7
codified and as may be amended. Any child, determined to be 8
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a child with disabilities, shall be eligible for such 9
services upon reaching his or her third birthday and state 10
school funds shall be apportioned accordingly. This 11
subsection shall apply to each full school year beginning on 12
or after July 1, 1991. In the event that federal funding 13
fails to be appropriated at the authorized level as 14
described in 20 U.S.C. Section 1419(b)(2), the 15
implementation of this subsection relating to services for 16
children with disabilities three and four years of age may 17
be delayed until such time as funds are appropriated to meet 18
such level. Each local school district and each special 19
school district shall be responsible to engage in a planning 20
process to design the service delivery system necessary to 21
provide special education and related services for children 22
three and four years of age with disabilities. The planning 23
process shall include public, private, and private not-for- 24
profit agencies which have provided such services for this 25
population. The school district, or school districts, or 26
special school district, shall be responsible for designing 27
an efficient service delivery system which uses the present 28
resources of the local community which may be funded by the 29
department of elementary and secondary education or the 30
department of mental health. School districts may 31
coordinate with public, private, and private not-for-profit 32
agencies presently in existence. The service delivery 33
system shall be consistent with the requirements of the 34
department of elementary and secondary education to provide 35
appropriate special education services in the least 36
restrictive environment. 37
2. Every local school district or, if a special 38
district is in operation, every special school district 39
shall obtain current appropriate diagnostic reports for each 40
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child with disabilities prior to assignment in a special 41
program. These records may be obtained with parental 42
permission from previous medical or psychological 43
evaluation, may be provided by competent personnel of such 44
district or special district, or may be secured by such 45
district from competent and qualified medical, 46
psychological, or other professional personnel. 47
3. Evaluations of private school students suspected of 48
having a disability under the Individuals With Disabilities 49
Education Act will be conducted as appropriate by the school 50
district in which the private school is located or its 51
contractor. 52
4. Where special districts have been formed to serve 53
children with disabilities under the provisions of sections 54
162.670 to 162.974, such children shall be educated in 55
programs of the special district, except that component 56
districts may provide education programs for children with 57
disabilities ages three and four inclusive in accordance 58
with regulations and standards adopted by the state board of 59
education. 60
5. For the purposes of this act, remedial reading 61
programs are not a special educational service as defined by 62
subdivision (4) of section 162.675. 63
6. Any and all state costs required to fund special 64
education services for three- and four-year-old children 65
under this section shall be provided for by a specific, 66
separate appropriation and shall not be funded by a 67
reallocation of money appropriated for the public school 68
foundation program. 69
7. School districts providing early childhood special 70
education shall give consideration to the value of 71
continuing services with Part C early intervention system 72
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providers for the remainder of the school year when 73
developing an individualized education program for a student 74
who has received services under Part C of the Individuals 75
with Disabilities Education Act and reaches the age of three 76
years during a regular school year. Services provided shall 77
be only those permissible according to Section 619 of the 78
Individuals with Disabilities Education Act. 79
8. (1) A student whose age makes the student eligible 80
for kindergarten or grade one may continue eligibility as a 81
young child with a developmental delay if the student was 82
identified as a young child with a developmental delay 83
before attaining eligibility for kindergarten. 84
(2) The category of young child with a developmental 85
delay shall not be used to determine continuing eligibility 86
for special educational services for a student who is seven 87
years of age before August first of a given school year, but 88
eligibility for special educational services may be 89
determined for such students through any other disability 90
category. 91
9. Any rule or portion of a rule, as that term is 92
defined in section 536.010, that is created under the 93
authority delegated in this section shall become effective 94
only if it complies with and is subject to all of the 95
provisions of chapter 536 and, if applicable, section 96
536.028. This section and chapter 536 are nonseverable and 97
if any of the powers vested with the general assembly under 98
chapter 536 to review, to delay the effective date or to 99
disapprove and annul a rule are subsequently held 100
unconstitutional, then the grant of rulemaking authority and 101
any rule proposed or adopted after August 28, 2002, shall be 102
invalid and void. 103
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162.890. If a special district is organized in any 1
area of this state under the provisions of sections 162.670 2
to 162.995, neither the state board of education nor any 3
school district or charter school within the special 4
district shall be required to establish schools or classes 5
for the training or education of handicapped or severely 6
handicapped children under any other existing law, except 7
that the component districts included in a newly formed 8
special district, charter schools within a newly formed 9
special district, and the state board of education shall 10
continue to provide services formerly provided for children 11
residing in the district until the resources of the special 12
district are sufficient to permit its assuming such 13
responsibilities. In no instance shall charter schools, 14
component districts, or the state board of education be 15
required to provide special education classes for the 16
training or education of these children for more than one 17
school term after the special district has been formed. 18
163.011. As used in this chapter unless the context 1
requires otherwise: 2
(1) "Adjusted operating levy", the sum of tax rates 3
for the current year for teachers' and incidental funds for 4
a school district as reported to the proper officer of each 5
county pursuant to section 164.011; 6
(2) "Average daily attendance", the quotient or the 7
sum of the quotients obtained by dividing the total number 8
of hours attended in a term by resident pupils between the 9
ages of five and twenty-one by the actual number of hours 10
school was in session in that term. To the average daily 11
attendance of the following school term shall be added the 12
full-time equivalent average daily attendance of summer 13
school students. "Full-time equivalent average daily 14
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attendance of summer school students" shall be computed by 15
dividing the total number of hours, except for physical 16
education hours that do not count as credit toward 17
graduation for students in grades nine, ten, eleven, and 18
twelve, attended by all summer school pupils by the number 19
of hours required in section 160.011 in the school term. 20
For purposes of determining average daily attendance under 21
this subdivision, the term "resident pupil" shall include 22
all children between the ages of five and twenty-one who are 23
residents of the school district and who are attending 24
kindergarten through grade twelve in such district. If a 25
child is attending school in a district other than the 26
district of residence and the child's parent is teaching in 27
the school district or is a regular employee of the school 28
district which the child is attending, then such child shall 29
be considered a resident pupil of the school district which 30
the child is attending for such period of time when the 31
district of residence is not otherwise liable for tuition. 32
Average daily attendance for students below the age of five 33
years for which a school district may receive state aid 34
based on such attendance shall be computed as regular school 35
term attendance unless otherwise provided by law; 36
(3) "Current operating expenditures": 37
(a) For the fiscal year 2007 calculation, current 38
operating expenditures shall be calculated using data from 39
fiscal year 2004 and shall be calculated as all expenditures 40
for instruction and support services except capital outlay 41
and debt service expenditures minus the revenue from federal 42
categorical sources; food service; student activities; 43
categorical payments for transportation costs pursuant to 44
section 163.161; state reimbursements for early childhood 45
special education; the career ladder entitlement for the 46
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district, as provided for in sections 168.500 to 168.515; 47
the vocational education entitlement for the district, as 48
provided for in section 167.332; and payments from other 49
districts; 50
(b) In every fiscal year subsequent to fiscal year 51
2007, current operating expenditures shall be the amount in 52
paragraph (a) of this subdivision plus any increases in 53
state funding pursuant to sections 163.031 and 163.043 54
subsequent to fiscal year 2005, not to exceed five percent, 55
per recalculation, of the state revenue received by a 56
district in the 2004-05 school year from the foundation 57
formula, line 14, gifted, remedial reading, exceptional 58
pupil aid, fair share, and free textbook payments for any 59
district from the first preceding calculation of the state 60
adequacy target; 61
(4) "District's tax rate ceiling", the highest tax 62
rate ceiling in effect subsequent to the 1980 tax year or 63
any subsequent year. Such tax rate ceiling shall not 64
contain any tax levy for debt service; 65
(5) "Dollar-value modifier", an index of the relative 66
purchasing power of a dollar, calculated as one plus fifteen 67
percent of the difference of the regional wage ratio minus 68
one, provided that the dollar value modifier shall not be 69
applied at a rate less than 1.0: 70
(a) "County wage per job", the total county wage and 71
salary disbursements divided by the total county wage and 72
salary employment for each county and the City of St. Louis 73
as reported by the Bureau of Economic Analysis of the United 74
States Department of Commerce for the fourth year preceding 75
the payment year; 76
(b) "Regional wage per job": 77
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a. The total Missouri wage and salary disbursements of 78
the metropolitan area as defined by the Office of Management 79
and Budget divided by the total Missouri metropolitan wage 80
and salary employment for the metropolitan area for the 81
county signified in the school district number or the City 82
of St. Louis, as reported by the Bureau of Economic Analysis 83
of the United States Department of Commerce for the fourth 84
year preceding the payment year and recalculated upon every 85
decennial census to incorporate counties that are newly 86
added to the description of metropolitan areas; or if no 87
such metropolitan area is established, then: 88
b. The total Missouri wage and salary disbursements of 89
the micropolitan area as defined by the Office of Management 90
and Budget divided by the total Missouri micropolitan wage 91
and salary employment for the micropolitan area for the 92
county signified in the school district number, as reported 93
by the Bureau of Economic Analysis of the United States 94
Department of Commerce for the fourth year preceding the 95
payment year, if a micropolitan area for such county has 96
been established and recalculated upon every decennial 97
census to incorporate counties that are newly added to the 98
description of micropolitan areas; or 99
c. If a county is not part of a metropolitan or 100
micropolitan area as established by the Office of Management 101
and Budget, then the county wage per job, as defined in 102
paragraph (a) of this subdivision, shall be used for the 103
school district, as signified by the school district number; 104
(c) "Regional wage ratio", the ratio of the regional 105
wage per job divided by the state median wage per job; 106
(d) "State median wage per job", the fifty-eighth 107
highest county wage per job; 108
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(6) "Free and reduced price lunch pupil count", for 109
school districts not eligible for and those that do not 110
choose the USDA Community Eligibility Option, the number of 111
pupils eligible for free and reduced price lunch on the last 112
Wednesday in January for the preceding school year who were 113
enrolled as students of the district, as approved by the 114
department in accordance with applicable federal 115
regulations. For eligible school districts that choose the 116
USDA Community Eligibility Option, the free and reduced 117
price lunch pupil count shall be the percentage of free and 118
reduced price lunch students calculated as eligible on the 119
last Wednesday in January of the most recent school year 120
that included household applications to determine free and 121
reduced price lunch count multiplied by the district's 122
average daily attendance figure; 123
(7) "Free and reduced price lunch threshold" shall be 124
calculated by dividing the total free and reduced price 125
lunch pupil count of every performance district that falls 126
entirely above the bottom five percent and entirely below 127
the top five percent of average daily attendance, when such 128
districts are rank-ordered based on their current operating 129
expenditures per average daily attendance, by the total 130
average daily attendance of all included performance 131
districts; 132
(8) "Limited English proficiency pupil count", the 133
number in the preceding school year of pupils aged three 134
through twenty-one enrolled or preparing to enroll in an 135
elementary school or secondary school who were not born in 136
the United States or whose native language is a language 137
other than English or are Native American or Alaskan native, 138
or a native resident of the outlying areas, and come from an 139
environment where a language other than English has had a 140
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significant impact on such individuals' level of English 141
language proficiency, or are migratory, whose native 142
language is a language other than English, and who come from 143
an environment where a language other than English is 144
dominant; and have difficulties in speaking, reading, 145
writing, or understanding the English language sufficient to 146
deny such individuals the ability to meet the state's 147
proficient level of achievement on state assessments 148
described in Public Law 107-10, the ability to achieve 149
successfully in classrooms where the language of instruction 150
is English, or the opportunity to participate fully in 151
society; 152
(9) "Limited English proficiency threshold" shall be 153
calculated by dividing the total limited English proficiency 154
pupil count of every performance district that falls 155
entirely above the bottom five percent and entirely below 156
the top five percent of average daily attendance, when such 157
districts are rank-ordered based on their current operating 158
expenditures per average daily attendance, by the total 159
average daily attendance of all included performance 160
districts; 161
(10) "Local effort": 162
(a) For the fiscal year 2007 calculation, local effort 163
shall be computed as the equalized assessed valuation of the 164
property of a school district in calendar year 2004 divided 165
by one hundred and multiplied by the performance levy less 166
the percentage retained by the county assessor and collector 167
plus one hundred percent of the amount received in fiscal 168
year 2005 for school purposes from intangible taxes, fines, 169
escheats, payments in lieu of taxes and receipts from state- 170
assessed railroad and utility tax, one hundred percent of 171
the amount received for school purposes pursuant to the 172
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merchants' and manufacturers' taxes under sections 150.010 173
to 150.370, one hundred percent of the amounts received for 174
school purposes from federal properties under sections 175
12.070 and 12.080 except when such amounts are used in the 176
calculation of federal impact aid pursuant to P.L. 81-874, 177
fifty percent of Proposition C revenues received for school 178
purposes from the school district trust fund under section 179
163.087, and one hundred percent of any local earnings or 180
income taxes received by the district for school purposes. 181
Under this paragraph, for a special district established 182
under sections 162.815 to 162.940 in a county with a charter 183
form of government and with more than one million 184
inhabitants, a tax levy of zero shall be utilized in lieu of 185
the performance levy for the special school district; 186
(b) In every year subsequent to fiscal year 2007, 187
local effort shall be the amount calculated under paragraph 188
(a) of this subdivision plus any increase in the amount 189
received for school purposes from fines. If a district's 190
assessed valuation has decreased subsequent to the 191
calculation outlined in paragraph (a) of this subdivision, 192
the district's local effort shall be calculated using the 193
district's current assessed valuation in lieu of the 194
assessed valuation utilized in the calculation outlined in 195
paragraph (a) of this subdivision. When a change in a 196
school district's boundary lines occurs because of a 197
boundary line change, annexation, attachment, consolidation, 198
reorganization, or dissolution under section 162.071, 199
162.081, sections 162.171 to 162.201, section 162.221, 200
162.223, 162.431, 162.441, or 162.451, or in the event that 201
a school district assumes any territory from a district that 202
ceases to exist for any reason, the department of elementary 203
and secondary education shall make a proper adjustment to 204
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each affected district's local effort, so that each 205
district's local effort figure conforms to the new boundary 206
lines of the district. The department shall compute the 207
local effort figure by applying the calendar year 2004 208
assessed valuation data to the new land areas resulting from 209
the boundary line change, annexation, attachment, 210
consolidation, reorganization, or dissolution and otherwise 211
follow the procedures described in this subdivision; 212
(11) "Membership" shall be the average of: 213
(a) The number of resident full-time students and the 214
full-time equivalent number of part-time students who were 215
enrolled in the public schools of the district on the last 216
Wednesday in September of the previous year and who were in 217
attendance one day or more during the preceding ten school 218
days; and 219
(b) The number of resident full-time students and the 220
full-time equivalent number of part-time students who were 221
enrolled in the public schools of the district on the last 222
Wednesday in January of the previous year and who were in 223
attendance one day or more during the preceding ten school 224
days, plus the full-time equivalent number of summer school 225
pupils. "Full-time equivalent number of part-time students" 226
is determined by dividing the total number of hours for 227
which all part-time students are enrolled by the number of 228
hours in the school term. "Full-time equivalent number of 229
summer school pupils" is determined by dividing the total 230
number of hours for which all summer school pupils were 231
enrolled by the number of hours required pursuant to section 232
160.011 in the school term. Only students eligible to be 233
counted for average daily attendance shall be counted for 234
membership; 235
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(12) "Operating levy for school purposes", the sum of 236
tax rates levied for teachers' and incidental funds plus the 237
operating levy or sales tax equivalent pursuant to section 238
162.1100 of any transitional school district containing the 239
school district, in the payment year, not including any 240
equalized operating levy for school purposes levied by a 241
special school district in which the district is located; 242
(13) "Performance district", any district that has met 243
performance standards and indicators as established by the 244
department of elementary and secondary education for 245
purposes of accreditation under section 161.092 and as 246
reported on the final annual performance report for that 247
district each year; for calculations to be utilized for 248
payments in fiscal years subsequent to fiscal year 2018, the 249
number of performance districts shall not exceed twenty-five 250
percent of all public school districts; 251
(14) "Performance levy", three dollars and forty-three 252
cents; 253
(15) "School purposes" pertains to teachers' and 254
incidental funds; 255
(16) "Special education pupil count", the number of 256
public school students with a current individualized 257
education program or services plan and receiving services 258
from the resident district as of December first of the 259
preceding school year, except for special education services 260
provided through a school district established under 261
sections 162.815 to 162.940 in a county with a charter form 262
of government and with more than one million inhabitants, in 263
which case the sum of the students in each district or 264
charter school within the county exceeding the special 265
education threshold of each respective district or charter 266
school within the county shall be counted within the special 267
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district and not in the district of residence or in the 268
charter school for purposes of distributing the state aid 269
derived from the special education pupil count; 270
(17) "Special education threshold" shall be calculated 271
by dividing the total special education pupil count of every 272
performance district that falls entirely above the bottom 273
five percent and entirely below the top five percent of 274
average daily attendance, when such districts are rank- 275
ordered based on their current operating expenditures per 276
average daily attendance, by the total average daily 277
attendance of all included performance districts; 278
(18) "State adequacy target", the sum of the current 279
operating expenditures of every performance district that 280
falls entirely above the bottom five percent and entirely 281
below the top five percent of average daily attendance, when 282
such districts are rank-ordered based on their current 283
operating expenditures per average daily attendance, divided 284
by the total average daily attendance of all included 285
performance districts. The department of elementary and 286
secondary education shall first calculate the state adequacy 287
target for fiscal year 2007 and recalculate the state 288
adequacy target every two years using the most current 289
available data. The recalculation shall never result in a 290
decrease from the state adequacy target as calculated for 291
fiscal years 2017 and 2018 and any state adequacy target 292
figure calculated subsequent to fiscal year 2018. Should a 293
recalculation result in an increase in the state adequacy 294
target amount, fifty percent of that increase shall be 295
included in the state adequacy target amount in the year of 296
recalculation, and fifty percent of that increase shall be 297
included in the state adequacy target amount in the 298
subsequent year. The state adequacy target may be adjusted 299
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to accommodate available appropriations as provided in 300
subsection 7 of section 163.031; 301
(19) "Teacher", any teacher, teacher-secretary, 302
substitute teacher, supervisor, principal, supervising 303
principal, superintendent or assistant superintendent, 304
school nurse, social worker, counselor or librarian who 305
shall, regularly, teach or be employed for no higher than 306
grade twelve more than one-half time in the public schools 307
and who is certified under the laws governing the 308
certification of teachers in Missouri; 309
(20) "Weighted average daily attendance": 310
(a) For fiscal years prior to the 2026 fiscal year, 311
paragraph (g) of this subdivision; 312
(b) For the 2026 fiscal year, the sum of nine-tenths 313
multiplied by paragraph (g) of this subdivision plus one- 314
tenth multiplied by the weighted membership; 315
(c) For the 2027 fiscal year, the sum of eight-tenths 316
multiplied by paragraph (g) of this subdivision plus two- 317
tenths multiplied by the weighted membership; 318
(d) For the 2028 fiscal year, the sum of seven-tenths 319
multiplied by paragraph (g) of this subdivision plus three- 320
tenths multiplied by the weighted membership; 321
(e) For the 2029 fiscal year, the sum of six-tenths 322
multiplied by paragraph (g) of this subdivision plus four- 323
tenths multiplied by the weighted membership; 324
(f) For the 2030 fiscal year and all subsequent fiscal 325
years, the sum of five-tenths multiplied by paragraph (g) of 326
this subdivision plus five-tenths multiplied by the weighted 327
membership; 328
(g) The average daily attendance plus the product of 329
twenty-five hundredths multiplied by the free and reduced 330
price lunch pupil count that exceeds the free and reduced 331
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price lunch threshold, plus the product of seventy-five 332
hundredths multiplied by the number of special education 333
pupil count that exceeds the special education threshold, 334
plus the product of six-tenths multiplied by the number of 335
limited English proficiency pupil count that exceeds the 336
limited English proficiency threshold. For special 337
districts established under sections 162.815 to 162.940 in a 338
county with a charter form of government and with more than 339
one million inhabitants, weighted average daily attendance 340
shall be the average daily attendance plus the product of 341
twenty-five hundredths multiplied by the free and reduced 342
price lunch pupil count that exceeds the free and reduced 343
price lunch threshold, plus the product of seventy-five 344
hundredths multiplied by the sum of the special education 345
pupil count that exceeds the threshold for each county 346
district and charter school, plus the product of six-tenths 347
multiplied by the limited English proficiency pupil count 348
that exceeds the limited English proficiency threshold. 349
None of the districts or charter schools comprising a 350
special district established under sections 162.815 to 351
162.940 in a county with a charter form of government and 352
with more than one million inhabitants, shall use any 353
special education pupil count in calculating their weighted 354
average daily attendance; 355
(21) "Weighted membership", the membership plus the 356
product of twenty-five hundredths multiplied by the free and 357
reduced price lunch pupil count that exceeds the free and 358
reduced price lunch threshold, plus the product of seventy- 359
five hundredths multiplied by the number of special 360
education pupil count that exceeds the special education 361
threshold, plus the product of six-tenths multiplied by the 362
number of limited English proficiency pupil count that 363
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exceeds the limited English proficiency threshold. For 364
special districts established under sections 162.815 to 365
162.940 in a county with more than one million inhabitants, 366
weighted membership shall be the membership plus the product 367
of twenty-five hundredths multiplied by the free and reduced 368
price lunch pupil count that exceeds the free and reduced 369
price lunch threshold, plus the product of seventy-five 370
hundredths multiplied by the sum of the special education 371
pupil count that exceeds the threshold for each county 372
district and charter school, plus the product of six-tenths 373
multiplied by the limited English proficiency pupil count 374
that exceeds the limited English proficiency threshold. 375
None of the districts or charter schools comprising a 376
special district established under sections 162.815 to 377
162.940 in a county with more than one million inhabitants 378
shall use any special education pupil count in calculating 379
their weighted membership. 380
164.131. 1. In urban districts, the board may borrow 1
money and issue bonds for the payment thereof for the 2
following purposes: 3
(1) Purchasing sites for schoolhouses, public library 4
buildings, art galleries, museums, janitors' houses, repair 5
buildings and supply houses used in the operation and 6
maintenance of schools and other land for school purposes; 7
(2) Erecting schoolhouses, library buildings, art 8
galleries, museums, janitors' houses, repair buildings, 9
supply houses and other buildings used in the operation and 10
maintenance of schools; 11
(3) Building additions to, remodeling and 12
reconstructing buildings existing at the time of making the 13
loan; 14
(4) Furnishing any building erected or reconstructed; 15
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(5) Purchasing school buses and other transportation 16
equipment. 17
2. The question of the loan shall be decided at an 18
election. 19
3. Notice of the submission of the question shall 20
[include the amount of the loan required, and for what 21
purpose] contain the information required under sections 22
115.125 to 115.129. The president and secretary shall sign 23
the notices. 24
164.161. The loans authorized by sections 164.121 to 1
164.141 shall not be contracted for a longer period than 2
twenty years, and the entire amount of the loans shall at no 3
time exceed, including the present indebtedness of the 4
district, the maximum aggregate percentage, as set forth in 5
Article VI, Section 26(b) of the Missouri Constitution, of 6
the value of taxable tangible property therein as shown by 7
the last completed assessment for state and county 8
purposes. The rate of interest upon the bonds shall, in no 9
case, exceed the highest [legal] rate allowed [by contract] 10
under section 108.170. Before or at the time of issuing the 11
bonds, the board of directors shall provide for the 12
collection of an annual tax sufficient to pay the interest 13
and principal of the bonds as they fall due, and to retire 14
them within twenty years from date contracted. 15
164.191. The board of any school district may issue 1
funding and refunding bonds for the district, in accordance 2
with sections 108.140 to 108.170. Each bond shall be signed 3
by the manual or facsimile signature of the president, 4
countersigned by the manual or facsimile signature of the 5
clerk and authenticated by the seal of the school board, if 6
there is one[; and shall also be attested by the clerk of 7
the county commission of the county in which the district is 8
SB 1483 33
located, and he shall put the seal of the commission on each 9
bond. The clerk of the board shall keep a record in the 10
books of the school district of all renewal bonds issued by 11
the board, noting the date when issued and when due, and 12
also the number and amount of each bond so issued, and shall 13
also keep a full record of all transactions that may be 14
necessary for the identification of the bonds]. 15
164.201. No refunding or renewal bond shall be 1
[exchanged by the board of any school district for any 2
outstanding bond for a sum less than ninety cents on the 3
dollar of its face value. The board also may sell the 4
refunding or renewal bonds for cash if in its judgment it 5
will be to the interest of the school district; but no 6
commission shall be allowed or cost incurred in the exchange 7
or sale of bonds which will reduce the net proceeds of the 8
same to a less amount than ninety cents on the dollar] sold 9
at a price less than permitted under section 108.170, and 10
all sums of money realized from the sale of refunding or 11
renewal bonds shall be used [in the redemption] to redeem, 12
retire, or provide for an escrow account for the redemption 13
or payment of outstanding bonds of the school district and 14
for the payment of costs of issuance of such refunding or 15
renewal bonds. 16
164.261. 1. Revenue bonds issued under section 1
164.231 shall be of such denomination, shall bear such rate 2
of interest not to exceed [four percent per annum] the 3
maximum rate permitted under section 108.170, and shall 4
mature at such time within twenty years from the date of 5
issuance thereof as the board of directors of the school 6
district determines. The bonds may be either serial bonds 7
or term bonds. Serial bonds may be issued with or without 8
reservation of the right to call them for payment or 9
SB 1483 34
redemption in advance of their maturity, upon the giving of 10
notice and with or without the covenant requiring the 11
payment of a premium in the event of the call and redemption 12
prior to maturity as the board determines. Term bonds shall 13
contain a reservation of the right to call them for payment 14
and redemption prior to maturity at such time and upon the 15
giving of notice and upon the payment of such premium, if 16
any, as the school board determines. Each such bond shall 17
bear on its face a prominent legend reading substantially as 18
follows: 19
"THIS IS A REVENUE BOND ONLY AND THE HOLDER 20
THEREOF SHALL NEVER HAVE ANY RIGHT TO DEMAND OR 21
RECEIVE PAYMENT OF THE PRINCIPAL OR INTEREST 22
THEREOF FROM ANY FUNDS RAISED OR TO BE RAISED BY 23
TAXATION." 24
2. The bonds when issued and sold shall be negotiable 25
instruments within the meaning of the law merchant and the 26
negotiable instruments law and the interest thereon is 27
exempt from income taxes under the laws of the state of 28
Missouri. 29
3. The bonds when issued may be sold at public sale to 30
brokers or others after giving such reasonable notice of the 31
sale as is determined by the board, but, if sold to brokers 32
or dealers for resale, they shall be sold for not less than 33
ninety-eight percent of the par value thereof and accrued 34
interest, or the board may, in its discretion, provide for 35
the sale of the bonds pursuant to individual subscriptions 36
therefor by purchasers for investment, in which case they 37
shall not be sold for less than the par value thereof and 38
accrued interest. The school board may, however, pay 39
reasonable compensation to persons employed in soliciting or 40
effecting such private subscriptions and purchases. 41
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164.301. 1. The revenue bonds issued pursuant to the 1
provisions of sections 164.231 to 164.301 may be refunded in 2
whole or in part as provided in sections 108.140 to 108.170, 3
and in addition in any of the following circumstances, to 4
wit: 5
(1) When any of the bonds have by their terms become 6
due and payable and there are not sufficient funds in the 7
interest and sinking fund provided for their payment to pay 8
the bonds and the interest thereon; 9
(2) When any of the bonds are by their terms callable 10
for payment and redemption in advance of their date of 11
maturity and have been duly called for payment and 12
redemption; 13
(3) When any of the bonds are voluntarily surrendered 14
by the holder thereof in exchange for refunding bonds. 15
2. For the purpose of refunding any bonds issued 16
hereunder, including refunding bonds, the board of the 17
school district may make and issue refunding bonds in the 18
amount necessary to pay off and redeem the bonds to be 19
refunded, together with unpaid and past due interest thereon 20
and any premium which is due under the terms of the bonds, 21
together also with the cost of issuing the refunding bonds, 22
and may sell the bonds in like manner as is herein provided 23
for the sale of revenue bonds. With the proceeds of the 24
bonds, the board may pay off, redeem and cancel old bonds 25
and coupons which have matured, or which have been called 26
for payment and redemption, together with the past due 27
interest premium, if any, due thereon, or the bonds may be 28
issued and delivered in exchange for a like par value amount 29
of bonds to refund which the refunding bonds were issued. 30
3. No refunding bonds issued pursuant to the 31
provisions of this section shall be payable in more than 32
SB 1483 36
twenty years from the date thereof or shall bear interest at 33
a rate in excess of [six percent per annum] the maximum rate 34
permitted under section 108.170. 35
4. Refunding bonds are payable from the same sources 36
as were pledged to the payment of the bonds refunded thereby 37
and, in the discretion of the board, may be payable from any 38
other sources which under sections 164.231 to 164.301 may be 39
pledged to the payment of revenue bonds issued hereunder. 40
165.141. 1. The notes shall be known as tax 1
anticipation notes of the school district and shall be 2
signed by the president of the school board and attested by 3
the clerk or secretary. The clerk or secretary of the 4
school board shall certify on the back of each note that the 5
note is issued pursuant to an order of the school board of 6
the district and the aggregate principal amount of all prior 7
notes and warrants issued against the fund referred to in 8
the note which are unpaid at the date of the certificate. 9
[All notes issued under this section and section 165.131 10
shall be registered, without fee, before delivery in the 11
office of the county treasurer of the county in which the 12
school district lies. The registry] Each note shall show 13
the number, date, amount and interest rate of each note, the 14
fund for which issued, date of sale and name of the payee, 15
if any, [or of the purchaser if payable to bearer. Upon 16
payment and cancellation the notes shall be submitted to the 17
county treasurer who shall record the date of payment and 18
cancellation in his record of registry] and of the district 19
treasurer or bank or trust company acting as paying agent 20
and note registrar. 21
2. The secretary of the school district shall keep 22
true and correct record of the issuance, and of the fact and 23
date of payment of all notes, and deliver a duplicate 24
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thereof to the treasurer of the school district. [The notes 25
upon payment shall be cancelled and] It shall not be lawful 26
for the school district to purchase and reissue any of the 27
notes. 28
170.014. 1. This section shall be known as the 1
"Reading Instruction Act" and is enacted to ensure that all 2
public schools including charter schools establish reading 3
programs in kindergarten through grade five based in 4
scientific research. "Evidence-based reading instruction" 5
includes practices that have been proven effective through 6
evaluation of the outcomes for large numbers of students and 7
are highly likely to be effective in improving reading if 8
implemented with fidelity. Such programs shall include the 9
essential components of phonemic awareness, phonics, 10
fluency, vocabulary, and comprehension, and all new teachers 11
who teach reading in kindergarten through grade three shall 12
receive adequate training in these areas. 13
2. (1) For purposes of this subsection, "three-cueing 14
system" means any model of teaching students to read based 15
on meaning, structure and syntax, and visual cues, which may 16
also be known as "MSV". 17
(2) A public school district or charter school shall 18
provide reading instruction in accordance with the following 19
requirements: 20
(a) Phonics instruction for decoding and encoding 21
shall be the primary instructional strategy for teaching 22
word reading; and 23
(b) Instruction in word reading shall not rely 24
primarily on strategies based on the three-cueing system 25
model of reading or visual memory[; and 26
(c) Reading instruction may include visual information 27
and strategies that improve background and experiential 28
SB 1483 38
knowledge, add context, and increase oral language and 29
vocabulary to support comprehension, but such visual 30
information and strategies shall not be used to teach word 31
reading]. 32
3. Every public school in the state shall offer a 33
reading program as described in subsection 1 of this section 34
for kindergarten through grade five. 35
177.073. 1. The board of directors or school board in 1
urban school districts, metropolitan school districts, and 2
school districts located totally or partially within a first 3
class charter county adjoining a city not within a county, 4
by an affirmative vote of [not less than two-thirds of all 5
the members] a majority of all members of the board, may: 6
(1) Select, direct and authorize the purchase of sites 7
for and authorize the construction of [libraries, schools, 8
school offices, art galleries and museums; and the necessary 9
janitors' houses, repair buildings, supply houses and 10
parking] facilities to be used in the operation and 11
maintenance of the schools; 12
(2) Authorize and direct the purchase of additional 13
ground needed for school purposes; 14
(3) (a) Authorize and direct the sale and transfer or 15
lease of any real or personal property belonging to the 16
district which is not required for operation of the school 17
program and which the superintendent or the superintendent's 18
designee has determined has reasonable value after factoring 19
in the time and costs associated with advertising and 20
processing the sale, transfer, or lease. All property the 21
superintendent or designee determines does not have 22
reasonable value shall be recycled, destroyed, or disposed 23
of as solid waste. 24
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(b) The board may, by an affirmative vote of a 25
majority of all members of the board, transfer district 26
personal property for no compensation or negotiated 27
compensation to students of the district or to another 28
public school district in the state that is in need of the 29
property. Personal property shall not otherwise be 30
transferred without compensation unless the district has 31
first attempted to sell the property and has not received 32
any bids for the property. 33
(c) Personal property shall be sold or leased to the 34
highest bidder. The proceeds from the sale of personal 35
property shall be placed to the credit of the incidental 36
fund. 37
(d) Real property may be sold or leased by listing the 38
property with one or more real estate brokers licensed by 39
the state of Missouri and paying a commission upon such sale 40
or lease. Real property not sold or leased through a real 41
estate broker [and all personal property] shall be sold or 42
leased to the highest bidder[, except that any real or 43
personal school property may be sold or leased to a 44
community group or a city, state agency, municipal 45
corporation, or any other governmental subdivision of the 46
state located wholly or partially within the boundaries of 47
the district, for public uses and purposes, at such sum as 48
may be agreed upon between the school district and the 49
community group or the city, state agency, municipal 50
corporation, or other governmental subdivision of the 51
state]. If property is to be leased by bid, written 52
proposals for lease terms shall be submitted by potential 53
lessees. The lease proposal offering the most economically 54
advantageous terms shall be considered the highest lease 55
bid. A purchase proposal may include contingencies; the 56
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proposal offering the most economically advantageous terms 57
shall be the highest bid. All bids for purchase or lease of 58
real property shall be submitted formally as closed bids. 59
Bids shall be opened at a meeting, which shall be an open 60
meeting. The board may reject all bids, or negotiate an 61
acceptable sale or lease with the highest bidder, if all 62
bids are unsatisfactory. The records of the bid-opening 63
meeting shall be an open record. If real property is not 64
sold or leased through a real estate broker, notice that the 65
board is holding real property for sale or offering it for 66
lease, including a planned sale or lease to a community 67
group or a city, state agency, municipal corporation, or 68
other governmental subdivision of the state, shall be given 69
by publication in a newspaper within the county in which all 70
or a part of the district is located which has general 71
circulation within the district, once a week for two 72
consecutive weeks, the last publication to be at least seven 73
days and not more than fourteen days prior to the date of 74
the bid opening. The term of a lease may be for any period 75
which the board finds is advantageous and meets the needs of 76
the district. The lease or deed of conveyance shall be 77
executed by the president and attested by the secretary of 78
the board. If the district has a seal, it shall be affixed 79
to the deed or lease. The proceeds derived from sale of 80
real property shall be placed to the credit of the 81
incidental fund of the district. [The proceeds from sale of 82
nonrealty and from leases shall be placed to the credit of 83
the incidental fund.] 84
(e) Notwithstanding any provision of paragraph (c) or 85
(d) of this subdivision to the contrary, a district may sell 86
real or personal property to a community group or a city, 87
state agency, municipal corporation, or any other political 88
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subdivision of the state by posting public notice of the 89
proposed sale and the agreed-upon purchase price of the 90
property. Such notice shall be posted at the primary 91
offices of the school district and the governmental entity 92
and on the websites of the school district and of the 93
governmental entity, if such websites exist. The district 94
may also use other methods of advertisement it determines 95
are effective. 96
2. The board may receive, in behalf of the school 97
district, any grants, gifts, or devises made for the benefit 98
of the district or its schools, or any public library, art 99
gallery or museum under the control of the board. 100
177.086. 1. Any school district authorizing the 1
construction of facilities which may exceed an expenditure 2
of fifty thousand dollars shall publicly advertise, once a 3
week for two consecutive weeks, in a newspaper of general 4
circulation, qualified pursuant to chapter 493, located 5
within the city in which the school district is located, or 6
if there be no such newspaper, in a qualified newspaper of 7
general circulation in the county, or if there be no such 8
newspaper, in a qualified newspaper of general circulation 9
in an adjoining county, and may advertise in business, 10
trade, or minority newspapers and websites, for bids on said 11
construction. The advertisement shall include, or direct 12
potential bidders to, the complete invitation for bids 13
including the project specifications and terms and 14
conditions established for the project. 15
2. No bids shall be entertained by the school district 16
which are not made in accordance with the specifications 17
furnished by the district and all contracts shall be let to 18
the lowest responsible bidder complying with the terms of 19
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the letting, provided that the district shall have the right 20
to reject any and all bids. 21
3. All bids must be submitted sealed and in writing, 22
to be opened publicly at time and place of the district's 23
choosing. 24
4. The requirements of this section are not applicable 25
if the district utilizes a cooperative procurement service 26
authorized under section 34.046, state procurement service 27
authorized under section 67.360, design-build service 28
authorized under section 67.5060, or any other procurement 29
mechanism or source selection process authorized under state 30
or federal law that implements an approach to competitive 31
bidding that differs from the provisions of this section. 32
The requirements of sections 290.210 to 290.340 shall apply 33
to all construction projects governed by any such state or 34
federal law. 35
177.091. 1. The school board in each seven-director 1
district, as soon as sufficient funds are provided, shall 2
establish an adequate number of elementary schools, and if 3
the demands of the district require more than one elementary 4
school building, the board shall divide the district into 5
elementary school wards and fix the boundaries thereof. The 6
board shall select and procure a site in each ward and erect 7
and furnish a suitable school building thereon. 8
2. The board may also establish high schools and may 9
select and procure sites and erect and furnish buildings 10
therefor. 11
3. The board may acquire additional grounds when 12
needed for school purposes. If the directors of both school 13
districts involved agree, such grounds may be located 14
outside of the boundaries of the district and operated for 15
school purposes. 16
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4. If there is any real or personal school property, 17
the ownership of which is vested in the district, that is no 18
longer required for the use of the district, and that the 19
superintendent or the superintendent's designee determines 20
has reasonable value, the board, by an affirmative vote of a 21
majority of the whole board, may authorize and direct the 22
sale or lease of the property, except that, property outside 23
the boundaries of the school district may not be leased. 24
All property the superintendent or designee determines does 25
not have reasonable value shall be recycled, destroyed, or 26
disposed of as solid waste. 27
5. The board may, by an affirmative vote of a majority 28
of all members of the board, transfer district personal 29
property for no compensation or negotiated compensation to 30
students of the district or to another public school 31
district in the state. Except as provided in this 32
subsection, personal property shall not be transferred 33
without compensation unless the district has first attempted 34
to sell the property and has not received any bids for the 35
property. 36
6. Real property may be sold or leased by listing the 37
property with one or more real estate brokers licensed by 38
the state of Missouri and paying a commission upon such sale 39
or lease. Real property not sold or leased through a real 40
estate broker [and all personal property, unless sold or 41
leased to a public institution of higher education,] shall 42
be sold or leased to the highest bidder. If real property 43
is not sold or leased through a real estate broker, notice 44
that the board is holding the property for sale or offering 45
it for lease shall be given by publication in a newspaper 46
within the county in which all or a part of the district is 47
located which has general circulation within the district, 48
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once a week for two consecutive weeks, the last publication 49
to be at least seven days prior to the sale or lease of the 50
property[; except that, any real or personal school property 51
may be sold or leased to a city, state agency, municipal 52
corporation, or other governmental subdivision of the state 53
located within the boundaries of the district, for public 54
uses and purposes, by the giving of public notice as herein 55
provided and at such sum as may be agreed upon between the 56
school district and the city, state agency, municipal 57
corporation, or other governmental subdivision of the state]. 58
7. Personal property shall be sold or leased to the 59
highest bidder. The school district shall post public 60
notice of the sale at the primary office of the school 61
district and on the website of the school district, if such 62
a website exists. The district may also use other methods 63
of advertisement it determines are effective. 64
8. Notwithstanding any provision of subsection 6 or 7 65
of this section to the contrary, a district may sell real or 66
personal property to a community group or a city, state 67
agency, municipal corporation, or other political 68
subdivision of the state by posting public notice of the 69
proposed sale and the amount agreed upon. Such notice shall 70
be posted at the primary offices of the school district and 71
of the governmental entity and on the websites of the school 72
district and the governmental entity, if such websites 73
exist. The district may also use other methods of 74
advertisement it determines are effective. 75
9. The lease or deed of conveyance shall be executed 76
by the president and attested by the secretary of the 77
board. If the district has a seal, it shall be affixed to 78
the deed or lease. The proceeds derived from the sale of 79
real property or nonrealty by districts identified as 80
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financially stressed pursuant to section 161.520 shall[, 81
until July 1, 1998, be placed to the credit of the 82
incidental fund or the capital projects fund of the 83
district, with notice of any such sale to be included in the 84
budget and education plan submitted to the department of 85
elementary and secondary education, and, on and after July 86
1, 1998, any such proceeds shall] be placed to the credit of 87
the capital projects fund. [The proceeds from the sale of 88
real property or nonrealty and from leases, by any other 89
district, shall be placed to the credit of the capital 90
projects fund. 91
5. Notwithstanding the provisions of subsection 4 of 92
this section to the contrary, after twenty-five years from 93
the date of purchase, any city of the fourth classification 94
with more than four hundred but fewer than five hundred 95
inhabitants and located in any county of the fourth 96
classification with more than thirty-two thousand nine 97
hundred but fewer than thirty-three thousand inhabitants 98
located within the boundaries of a school district that has 99
purchased any real or personal school property from the 100
school district for public uses and purposes, as provided in 101
subsection 4 of this section, may sell the property or use 102
the property for whatever purpose such city deems necessary. 103
6.] 10. The school board of a seven-director district 104
may also list real property for sale on which a building has 105
been constructed by an approved vocational education class 106
with a real estate broker licensed by the state of Missouri 107
and pay a commission thereon. 108
[7.] 11. Other provisions of this section to the 109
contrary notwithstanding, bids for the purchase of any 110
building constructed by students as part of an approved 111
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vocational education class may be accepted prior to 112
completion of such construction. 113
[164.221. Whenever any bonds of any school 1
district are redeemed or paid off, the bonds 2
shall be burned or shredded in the presence of 3
two members of the school board and two other 4
credible persons as witnesses of the fact. The 5
secretary or clerk of the board shall record in 6
the books of the district a description of the 7
bonds so destroyed by noting the date when 8
issued and when due, and the number and amount 9
of each of the bonds, and the names of the 10
members of the board and of the witnesses who 11
are present at the burning of the bonds.] 12
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