CODE OF STATE REGULATIONS 1MATT BLUNT (12/31/04)Secretary of State

Rules of

Department of Elementary andSecondary Education

Division 50�Division of School ImprovementChapter 345�Missouri School Improvement Program

Title Page

5 CSR 50-345.010 General Provisions (Moved to 5 CSR 30-345.010) ......................................3

5 CSR 50-345.020 Policies on Waiver of Regulations ..........................................................3

5 CSR 50-345.100 Missouri School Improvement Program ...................................................4

5 CSR 50-345.200 Waivers of Regulations .......................................................................5

Title 5�DEPARTMENT OFELEMENTARY AND

SECONDARY EDUCATIONDivision 50�Division of School

ImprovementChapter 345�Missouri School

Improvement Program

5 CSR 50-345.010 General Provisions (Moved to 5 CSR 30-345.010)

5 CSR 50-345.020 Policies on Waiver ofRegulations

PURPOSE: This rule establishes the criteriaand procedures for annually identifyingschool district and/or school building eligi-bility for waivers in compliance with sections161.210, 163.031.5(3), 160.545 and 160.518,RSMo. The student performance data will bereviewed, and the commissioner will notifydistricts if they are eligible for a waiver.Districts may respond to this notification byeither accepting or rejecting such waiver.This rule contains four (4) types of depart-ment-wide waivers of regulations which maybe granted to school districts. Regulationsidentified in the Missouri School Improve-ment Program (MSIP) Waiver Plan will bewaived in each of the four (4) categories ofwaivers; however, the criteria for qualifyingvaries with each waiver. In all cases, the per-formance indicators will be evaluated on datain the same manner as in regular MSIPreviews.

(1) Missouri School Improvement Program(MSIP) On-Site Review.

(A) Districts will qualify for a waiver ofthe next scheduled MSIP review if they meetthe following:

1. The district has appropriately testedtwo percent (2%) or fewer of its students onthe Missouri Assessment Program Alternate(MAP-A) in each grade tested with theMissouri Assessment Program (MAP) as cer-tified by the Division of Special Education byOctober 15;

2. The district, based upon departmentgenerated Annual Performance Reports(APR), meets the performance indicators atthe accredited level (including at least two (2)of the measurements in Standard 9.1.1 and atleast three (3) of the measurements inStandard 9.4 for K-12 districts; or for K-8districts, five (5) of six (6) performance mea-surements including two (2) from 9.1.1 andthree (3) from 9.2, 10.1, and 11.1 combinedand having no dropouts) for three (3) of thelast four (4) years, including the last year�sAPR, based upon the annual Performance

Scoring Guide. (In order for districts to haveadequate time to prepare for the MSIPreview, the decision on eligibility for waiversmust be made by December of the secondpreceding year; therefore, the determinationwould be based upon the calls made duringtheir last review and the succeeding three (3)APRs);

3. Districts having twenty (20) or morestudents in any identified racial minoritymust demonstrate improvement in the minor-ity population�s achievement which is equalto or greater than the achievement of the non-minority population on the MAP. The follow-ing process will be used to judge this condi-tion:

A. First, the three (3) MSIP gradespans will be examined to determine whetherany grade span has twenty (20) or more stu-dents in any identified minority in each gradetested in that span for both the preceding andsecond preceding year;

B. Second, grade spans meeting theabove condition will be examined to deter-mine how many times the identified racialminority group equals or exceeds theimprovement of the non-minority populationon each test when comparing results from thesecond preceding to the preceding year usingthe MAP Performance Index (MPI)Approach or the Three Percent (3%)Improvement Approach for each test in thatgrade span; and

C. Third, at least sixty-two percent(62%) positive comparisons between the two(2) groups are required to be acceptable;

4. The district agrees to administer theMSIP Advance Questionnaire; and

5. The district completes an annualMSIP Waiver Plan which confirms the dis-trict�s adherence to the specific laws andrules referred to in the checklist.

(B) If a district meets the criteria for awaiver of its regularly scheduled five (5)-yearMSIP review, Department of Elementary andSecondary Education (DESE) will conduct amini-team review which will focus on theareas identified in the MSIP Waiver Plan.The team will include the state supervisorand representatives from appropriate DESEsections.

(C) The MSIP waiver is an annual waiverand may be renewed for five (5) consecutiveyears if�

1. The district continues to meet the�Accredited� level on the performance indi-cators;

2. The district complies with all theitems on the MSIP Waiver Plan; and

3. The district verifies that it hasreviewed its Comprehensive School Improve-

ment Plan (CSIP) and submits any revisionsto DESE.

(D) If a district fails to meet the above cri-teria in subsection (1)(C), the district will benotified that a review is scheduled for theyear following the next full school year. Noother waiver can be used during that timeperiod.

(2) Hold Harmless Districts.(A) A district that meets the financial qual-

ifications identified in section 163.031.5(3),RSMo will be granted waivers as long as thedistrict qualifies for a waiver of the MSIPOn-Site Review.

(3) A+ High School.(A) The designation as an A+ high school

is granted for one (1) year in compliance withthe A+ rule and section 160.545, RSMo. Ahigh school will qualify for a waiver of theMSIP On-Site Review if�

1. The school has appropriately testedtwo percent (2%) or fewer of its students onthe MAP-A in each grade tested with theMAP as certified by the Division of SpecialEducation by October 15;

2. The school is currently designated asA+;

3. The school agrees to administer theMSIP Advance Questionnaire; and

4. The school completes an annual A+Waiver Plan which confirms the district�sadherence to the specific laws and rulesreferred to in that plan.

(4) Exemplary School.(A) A school building that meets the fol-

lowing student performance criteria will bedesignated as Exemplary in compliance withsection 160.518, RSMo, and will be grantedwaivers when the school meets the following:

1. The school has appropriately testedtwo percent (2%) or fewer of its students onthe MAP-A in each grade tested with theMAP as certified by the Division of SpecialEducation by October 15;

2. The school met �High� using theMSIP Scoring Guidelines on the MPIApproach or Three Percent (3%) Improve-ment Approach;

3. Schools having twenty (20) or morestudents in any identified racial minoritymust demonstrate improvement in the minor-ity population�s achievement which is equalto or greater than the achievement of the non-minority population on the MAP. The follow-ing process will be used to judge this condi-tion:

A. First, the three (3) MSIP gradespans will be examined to determine whether

CODE OF STATE REGULATIONS 3MATT BLUNT (12/31/04)Secretary of State

Chapter 345�Missouri School Improvement Program 5 CSR 50-345

any grade span has twenty (20) or more stu-dents in any identified minority in each gradetested in that span for both the preceding andsecond preceding year;

B. Second, grade spans meeting theabove condition will be examined to deter-mine how many times the identified racialminority group equals or exceeds theimprovement of the non-minority populationon each test when comparing results from thesecond preceding to the preceding year usingthe MPI Approach or the Three Percent (3%)Improvement Approach for each test in thatgrade span; and

C. Third, at least sixty-two percent(62%) positive comparisons between the two(2) groups are required to be acceptable;

4. The school meets all other MSIPPerformance Indicators;

5. The school completes an annualMSIP Waiver Plan which confirms the dis-trict�s adherence to the specific laws andrules referred to in the plan for all buildingswithin the district; and

6. The school agrees to administer theMSIP Advance Questionnaire.

(B) The building�s exemplary designationwill be valid until June 30 of the year inwhich the building is determined to not meetitems in paragraphs (4)(A)1.�5.

(5) Application. A district which meets theperformance criteria for any of the four (4)waivers will be so notified by the commis-sioner. The district must either accept ordecline the waiver within four (4) weeks afternotification of the second preceding yearprior to the year the district is scheduled foran MSIP review except that a district qualify-ing for an A+ waiver must accept or declinethe waiver by October 1 of the year of thescheduled MSIP review.

(6) Missouri School Improvement ProgramWaiver Plan.

(A) School districts which meet certainstudent performance expectations may quali-fy for certain waivers related to the MSIP.The plan which is outlined below identifiesthe areas of MSIP which are eligible to bewaived for qualifying districts.

1. All MSIP Resource Standards andIndicators will be waived except the follow-ing:

A. The state high school graduationrequirements (MSIP 1.3);

B. Regular instruction in UnitedStates and Missouri Constitutions, as well asAmerican History and Institutions, must beprovided, and all students must pass at least ahalf unit of credit course in the institutions,branches, and functions of federal, state and

local governments and in the electoral pro-cess, as required by section 170.011, RSMo(MSIP 1.3); and

C. All administrators and teachersmust be certificated to teach in Missourischools. �Appropriately certificated for theirassignments� is waived under this provision,unless funding sources require specific certi-fication (MSIP 5.1).

2. All MSIP Process Standards andIndicators will be waived except the follow-ing:

A. Districts must have cross-refer-enced all curricular areas to the Show-MeStandards (MSIP 6.1.1);

B. The district reports dropouts fromschool to the Missouri Literacy Hot Line(MSIP 8.3.5);

C. The district meets state and feder-al requirements for special education for stu-dents with disabilities, economically disad-vantaged students, migratory children, stu-dents whose native or home language is otherthan English and homeless youth (MSIP6.3.6 and 7.1);

D. The district complies with all theregulations of the state and federal categori-cal programs in which the district participates(MSIP 7.3 and 7.7);

E. The district distributes a studentcode of conduct and provides a protected,orderly environment (MSIP 6.6.1);

F. Professional development programsand services are provided as required by sec-tions 168.400 and 160.530, RSMo (MSIP6.7);

G. Board of education members mustbe trained as prescribed by section 162.203,RSMo (MSIP 8.3.4);

H. The district complies with thesalary compliance requirements of section165.016, RSMo and with the minimumsalary requirements as defined in section163.172, RSMo (MSIP 8.4.3). Does notapply to �hold harmless� districts;

I. The community, through the boardof education, provides sufficient financialresources and the district is not identified asa �financially stressed district� (MSIP 8.5);

J. The district annually reviews itsComprehensive School Improvement Planand updates it if necessary (MSIP 8.2);

K. The district provides a safe physi-cal environment for students (MSIP 8.10);

L. The district implements effectiveand efficient fiscal management systems thatensure accountability of district funds (MSIP8.6);

M. Cumulative health records,including immunizations as required by statelaw, are maintained and regularly updated forall students (MSIP 8.11); and

N. The district complies with all lawsrelated to the transportation of students(MSIP 8.13).

3. No MSIP Performance Standards willbe waived.

AUTHORITY: sections 160.518, 160.545,161.092, 161.210 and 163.031.5(3), RSMo2000.* This rule was previously filed as 5CSR 30-345.020. Original rule filed Sept. 30,1999, effective March 30, 2000. Amended:Filed May 25, 2001, effective Jan. 30, 2002.

*Original authority: 160.518, RSMo 1993; 160.545,RSMo 1993; 161.092, RSMo 1963, amended 1973;161.210, RSMo 1996; and 163.031, RSMo 1963, amended1965, 1967, 1969, 1975, 1976, 1977, 1982, 1984, 1985,1986, 1993, 1996, 1997, 1998, 2000.

5 CSR 50-345.100 Missouri SchoolImprovement Program

PURPOSE: This rule implements a programof comprehensive assessments of school dis-tricts� educational resources, instructionalprocesses and educational outcomes designedto stimulate and encourage improvement inthe efficiency and effectiveness of instruction,and provides information which will enablethe State Board of Education to accredit andclassify the districts as required by state law.

PUBLISHER�S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.Therefore, the material which is so incorpo-rated is on file with the agency who filed thisrule, and with the Office of the Secretary ofState. Any interested person may view thismaterial at either agency�s headquarters orthe same will be made available at the Officeof the Secretary of State at a cost not toexceed actual cost of copy reproduction. Theentire text of the rule is printed here. Thisnote refers only to the incorporated by refer-ence material.

(1) This rule is to be effective July 1, 2006,and incorporated by reference and made apart of this rule the Missouri SchoolImprovement Program (MSIP) Standards andIndicators Manual which is comprised ofqualitative and quantitative standards forschool districts. As referenced in the MSIPStandards and Indicators Manual, the stan-dards are organized in three (3) sections�Resource Standards, Process Standards andPerformance Standards. The standards aresupported by appendices which include: theminimum graduation requirements, mediastandards for school learning resource cen-

4 CODE OF STATE REGULATIONS (12/31/04) MATT BLUNTSecretary of State

5 CSR 50-345�DEPARTMENT OF ELEMENTARY ANDSECONDARY EDUCATION Division 50�Division of School Improvement

ters, teacher certification requirements andassessment program standards. Anyone inter-ested in viewing or requesting a copy of theMSIP Manual (Revised September 2004)may contact the School Improvement andAccreditation Section, 205 Jefferson Street,PO Box 480, Jefferson City, MO 65102-0480.

(2) During each year, the Department ofElementary and Secondary Education(DESE) will select school districts which willbe reviewed and classified in accordance withthis rule, including the standards, with theappropriate scoring guide and forms and pro-cedures outlined in the annual MSIP.

(3) The State Board of Education (board)will assign classification designations ofunaccredited, provisionally accredited andaccredited based on the standards of theMSIP.

(4) As a condition of receiving a classifica-tion designation other than unaccredited,each school district reviewed under MSIPmust file, within sixty (60) days of theboard�s decision, a school improvement planin a form specified by DESE and implementit in accordance with a specified scheduleapproved by DESE.

(5) A school district�s classification designa-tion based on the standards of the MSIP willremain in effect until the board approvesanother designation. The board may consid-er changing a district�s classification designa-tion after its regularly scheduled review orupon its determination that the district has:

(A) Failed to implement its schoolimprovement plan at an acceptable level;

(B) Implemented its school improvementplan substantially and, therefore, may qualifyfor a higher classification designation;

(C) Employed a superintendent or chiefexecutive officer without a valid Missourisuperintendent�s certificate in a K�12 schooldistrict; or employed a superintendent orchief executive officer without a validMissouri superintendent�s or elementaryprincipal�s certificate in a K�8 school dis-trict; and/or

(D) Altered significantly the scope oreffectiveness of the programs, services orfinancial integrity upon which the originalclassification designation was based.

(6) A school district designated unaccreditedby the board under the provisions of this rulewill be liable for tuition and transportationfor resident students legally transferring toanother district pursuant to applicable statelaws and regulations from the date of the

action by the board through the end of theschool year during which the board awardsthe district a designation of provisionallyaccredited or higher.

(7) Any school district which on June 30,1997, or thereafter, has been classified unac-credited by the board in two (2) successiveyears will be subject to lapsing, pursuant toapplicable state laws and regulations. Aschool district that is classified as unaccredit-ed shall lapse on June 30 of the second fullyear after the school year during which theunaccredited classification is initiallyassigned.

(8) A school district designated provisional-ly accredited twice sequentially or a schooldistrict designated provisionally accreditedafter being unaccredited will be designatedprovisionally accredited for three (3) years, atwhich time a re-review will be conducted. Adistrict�s accreditation designation may not beraised more than one (1) level during a re-review.

(A) The board may lower a district�saccreditation if a district fails to gain fullaccreditation after being designated provi-sionally accredited twice sequentially; orafter being designated provisionally accredit-ed after being unaccredited and the districtfails to make significant or consistentimprovement in student achievement in orderto gain accreditation.

(9) The board of education of any school dis-trict which is dissatisfied with the classifica-tion designation assigned by the board mayrequest a hearing before the commissioner ofeducation for the purpose of showing causewhy its classification designation should bereconsidered. Each request must be submit-ted in writing within thirty (30) days of theboard�s classification designation, settingforth the specific reasons for the request,including any errors of fact upon which theboard relied in making the classification des-ignation. If the commissioner of educationagrees that sufficient cause has been shown,s/he will request the board to reconsider thedistrict�s classification designation togetherwith the additional or corrected information.

AUTHORITY: sections 161.092 and 168.081,RSMo Supp. 2003 and 162.081 and 167.131,RSMo 2000.* Original rule filed June 30,2004, effective Jan. 30, 2005.

*Original authority: 161.092, RSMo 1963, amended1973, 2002, 2003; 168.081, RSMo 1963, amended 1984,2002; 162.081, RSMo 1963, amended 1973, 1992, 1993,1998; 167.131, RSMo 1963, amended 1973, 1993.

5 CSR 50-345.200 Waivers of Regulations

PURPOSE: This rule establishes the criteriaand procedures for annually identifyingschool district and/or school building eligi-bility for waivers in compliance with applica-ble state law and regulations. The studentperformance data will be reviewed, and thecommissioner of education will notify dis-tricts if they are eligible for a waiver.Districts may respond to this notification byeither accepting or rejecting such waiver.

(1) This rule contains four (4) types ofDepartment of Elementary and SecondaryEducation (DESE) waivers of regulationswhich may be granted to schools or schooldistricts: School District Missouri SchoolImprovement Program (MSIP) Waiver, A+High School MSIP Waiver, OutstandingSchool MSIP Waiver, and Other Waiver. Thisrule is to be effective July 1, 2006. Districtsor schools qualifying for these waivers areexempt from the MSIP on-site review processand MSIP Resource and Process Standardsand Indicators not listed in the WaiverChecklist. The area supervisor will visit dis-tricts or schools that qualify for an MSIPWaiver to verify compliance with theStandards and Indicators listed in the WaiverChecklist.

(A) School District MSIP Waiver. 1. Qualifications include:

A. The district achieved accreditationin the most recent MSIP review and isaccredited at the highest level as defined byMSIP and has no Missouri AssessmentProgram (MAP) scores at or below the estab-lished floor based upon the two (2) latestDESE generated Annual PerformanceReports (APR); and

B. The district is in compliance withall Resource and Process Standards andIndicators listed in the Waiver Checklist.

2. If a district fails to meet the waivercriteria or the district no longer complieswith the specific laws and rules referred to inthe Waiver Checklist, the district will bescheduled for an on-site review.

(B) A+ High School MSIP Waiver. 1. Schools may qualify for an MSIP

waiver when the district does not, if theschool meets the following qualifications:

A. The school is currently designat-ed as A+;

B. The school agrees to administerthe MSIP Advance Questionnaire;

C. The school is in compliance withall Resource and Process Standards andIndicators listed in the Waiver Checklist; and

D. The school is not designated aPriority School.

CODE OF STATE REGULATIONS 5MATT BLUNT (12/31/04)Secretary of State

Chapter 345�Missouri School Improvement Program 5 CSR 50-345

(C) Outstanding School MSIP Waiver. 1. Schools may qualify for an MSIP

waiver when the district does not, if theschool meets the following qualifications:

A. The school meets at least one (1)more than half of the possible MAP scoringoptions at a high level for three (3) successiveyears;

B. The school meets at least one (1)more than half of all other MSIP perfor-mance indicators at a high level for three (3)successive years;

C. The school has no MAP scores ator below the established floor;

D. The school is no designated aPriority School.

2. The school�s Outstanding Schooldesignation will be valid until June 30 of theyear in which the school is determined to notmeet items listed above.

(D) Other Waiver. 1. Districts that meet the financial qual-

ifications identified in state law may receive awaiver of rules in order to promote flexibili-ty in the operations of the delivery of instruc-tional services.

(2) Waiver Checklist. (A) School districts or schools which meet

the waiver criteria outlined in subsection (1)(A) must meet all of the Resource andProcess Standards and Indicators outlined inthe Waiver Checklist below in order to quali-fy for a waiver related to MSIP.

1. The following MSIP ResourceStandards and Indicators will not be waived:

A. The state high school graduationrequirements;

B. Regular instruction in UnitedStates and Missouri Constitutions, as well asAmerican History and Institutions, must beprovided, and all students must pass at least ahalf unit of credit course in the institutions,branches, and functions of federal, state andlocal governments and in the electoral pro-cess, as required by state law; and

C. All administrators and teachersmust be appropriately certificated to teach inMissouri public schools.

2. The following MSIP ProcessStandards and Indicators will not be waived:

A. The district must have cross-ref-erenced all curricular areas to the Show-MeStandards;

B. The district reports schooldropouts to the Missouri Literacy Hot Line;

C. The district meets state and feder-al special education requirements for studentswith disabilities, economically disadvantagedstudents, migratory children, students whosenative or home language is other than Englishand homeless youth;

D. The district complies with all reg-ulations of the state and federal categoricalprograms in which the district participates;

E. The district distributes a studentcode of conduct and provides a protected,orderly environment;

F. The district provides professionaldevelopment programs and services asrequired by state law;

G. Board of education members mustbe trained as prescribed by state law;

H. The district meets the salary com-pliance and the minimum salary requirementsas defined in state law. This does not applyto �hold harmless� districts;

I. The district�s community, throughthe board of education, provides sufficientfinancial resources and the district is notidentified as a �financially stressed district�;

J. The district annually reviews itsComprehensive School Improvement Plan(CSIP) and updates it if necessary;

K. The district provides a safe phys-ical environment for students;

L. The district implements effectiveand efficient fiscal management systems thatensure accountability of district funds;

M. The district maintains and regu-larly updates cumulative health records for allstudents, including immunizations asrequired by state law; and/or

N. The district complies with all lawsrelated to the transportation of students.

3. No MSIP Performance Standardswill be waived.

4. No Priority Schools will be waived.5. No Financially Stressed districts will

be waived.

(3) A district or school which meets the per-formance criteria for any of the above four (4)waivers will be so notified by the commis-sioner of education. The district must eitheraccept or decline the waiver within four (4)weeks after notification; except those districtswhich qualify for the A+ High School MSIPWaiver, which must accept or decline thatwaiver by October 1 of the year of the sched-uled MSIP review.

AUTHORITY: sections 160.518, 160.545 and161.092, RSMo Supp. 2003 and 161.210 and163.031, RSMo 2000.* Original rule filedJune 30, 2004, effective Jan. 30, 2005.

*Original authority: 160.518, RSMo 1993, amended 2001,2002, 2004; 160.545, RSMo 1993, amended 2002;161.092, RSMo 1963, amended 1973, 2002, 2003;161.210, RSMo 1996; 163.031, RSMo 1963, amended1965, 1965, 1967, 1967, 1969, 1975, 1976, 1977, 1982,1982, 1984, 1985, 1986, 1993, 1996, 1997, 1998, 2000,2004.

6 CODE OF STATE REGULATIONS (12/31/04) MATT BLUNTSecretary of State

5 CSR 50-345�DEPARTMENT OF ELEMENTARY ANDSECONDARY EDUCATION Division 50�Division of School Improvement