www.msbanet.org legislative update and other hot issues susan goldammer missouri school boards’...
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Legislative Update and Other Hot Issues
Susan Goldammer
Missouri School Boards’ Association
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Crazy Legislative YearLots of drama!House Speaker resigned the last week of
sessionSenate Democrats filibustered after vote
on “Right to Work” billMost bills are passed the last weekFewer new state laws this year!
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Tax Amnesty: House Bill 384 If you owe taxes to the state that are
unpaid as of December 31, 2014, and you pay them between September 1 and November 30, 2015, the state will waive all fees and penalties.
Expectation: $60 million (?) to general revenue
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Testing Drama: HB 2 State appropriations bill included funding for
state assessments BUT funds cannot be used to pay licensing fees for the Smarter Balanced Assessment Consortium
Problem: Where are we going to get a test aligned to Missouri State Standards?
DRC providing K-8 test questions for 2015-16 Yet another test next year
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Testing Drama: HB 2 Also requires DESE to submit a plan for the
development of a new test by February 1, 2016
Also prohibits use of tests to lower a district’s accreditation or a teacher’s evaluation
Governor signed bill but stated that the administration would not follow these directives – not allowed to legislate in appropriations bill
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School Board Candidate Requirements: HB 63, SB 104
No federal felony or misdemeanorNo Missouri felony or an offense in another
state that would be considered a felony in Missouri
Can be removed from ballot if delinquent on payment of state income taxes, property taxes, or municipal taxes
Cannot owe state taxes if past or present officer of a fee office
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Residency: SB 116Minor change in the student residency
lawsNo need for a waiver if a student is living
in the district with persons other than the student’s parents because the parent is stationed or deployed out of state or deployed in Missouri under active duty orders
Previously just deployed
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A+ Scholarship: SB 224Regulation requires students to be “a U.S.
citizen, permanent resident, or otherwise lawfully present in the United States . . .”
New law requires students to be a “citizen or permanent resident” of the U.S.
More narrow and excludes those not being deported due to President Obama’s Executive Order
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Protective Orders: SB 321Protective orders for juveniles, against
juvenilesStatute expanded to allow protective
orders for sexual assault as wellProblem: Could prevent a student from
attending school
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Child Abuse: SB 341Mandated reporter must report child abuseChildren are sometimes abused by other
children, including sexual abuseMust reportThis statute clarifies that Children’s
Division must take action when there is a juvenile with problem sexual behavior (i.e. has abused other children)
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Child Abuse: SB 341 Each school must post in a clearly visible
location in a public area of the school a sign in English and Spanish that contains a toll-free child abuse and neglect hotline number
Must also post in all student restrooms Must be posted at eye level for the students CD has developed signs districts may use:
http://dss.mo.gov/cd/can.htm
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Sex Education: HB 501
State law on sex education expanded to require course materials to include: Teaching students about the dangers of
sexual predators, including online predators How to behave responsibly and remain safe
on the Internet Teaching students about the consequences
of inappropriate text messaging, even among friends
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Sex Education: HB 501 Importance of having open communication
with responsible adults and to report any inappropriate situation to a responsible adult, local law enforcement, the FBI or the National Center for Missing and Exploited Children’s CyberTipline
Policy IGAEBPolicy EHB (Similar requirements for
federal law)
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Immunization: SB 341 Daycares, preschools and nursery schools must
notify the parent or guardian that he or she may request notice of whether there are children currently enrolled in or attending the facility for which an immunization exemption has been filed.
If a parent or guardian asks: Yes/No Do not provide more details. Provide notice at initial enrollment or attendance,
but this year no later than December 1.
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Sample Notice
In accordance with state law, a parent or guardian may request notification from the district if there is a child with an exemption from immunization filed with the district currently enrolled in or attending the facility at which the district’s preschool/nursery school/daycare is located. If you are interested in this information, please make your request to [title, contact information].
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Revised Immunization Regulations
Supt. or designee must review immunization requirements annually
Must use original DHSS forms for exemptions– Medical provider, public health department, DHSS
5x7 cards: Any student enrolled after 1/1/12– Parent/Guardian exemptions (preschool): brown
font– Religious exemptions: black font– Medical exemptions: red font
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Future Immunization Requirements
All children entering the 8th grade in 2016-2017 will be required to have a MCV4 (bacterial meningitis) vaccination.
All children entering the 12th grade in 2016-2017 will be required to have a booster dose of MCV4 vaccination – if no previous dose was given, then a single
dose after 16 years of age will be required.
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Speech-Language Pathologist: SB 107
Eliminates the requirement for a clinical fellowship for a speech-language pathologist to receive a full license from the Board of Healing Arts (and therefore a full certificate from DESE)
Note: Licensed speech-language pathology assistants are those with a bachelors, but not a masters degree. Must be supervised by an SLP– Might be a better option to hire than using a
certificated teacher
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Preschool Teacher/Aide Qualifications
To collect state aid for preschool students Lead teacher: teaching certificate in early
childhood education or early childhood special education
TA or paraprofessional for classes with more than 10 children: child development associate’s degree; associate’s degree in early childhood; or 60 college hours with a minimum of 3 college hours in early childhood, child development or child/family related courses and experience with young children
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Retirement RegulationsEffective July 1, 2016, retiree will not be
eligible for retirement if they reach an agreement (written or unwritten) for future employment with a school district prior to receiving his or her first benefit payment.
Redefined “early retirement incentive” to exclude incentives for early notice of resignation/retirement.
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Maintenance of Effort: Revised Regulations
Must spend as much state and local funds on your special education programs this year as you did the most recent fiscal year (last year) unless:
– Reduction in staff caused reduction in budget;– Decrease in enrollment of students with
disabilities;– A particularly expensive student no longer
needs services; or– Long-term purchases have been paid for.
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Maintenance of Effort: Subsequent Years Rule
What happens if the district does not maintain required local effort and ends up spending less than it should? Is the district’s obligation reduced the next year?
No. The district does not benefit from its mistakes. If the district does not comply with maintenance of effort, the next year the district must match the funds the district should have spent the previous year.
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Maintenance of Effort: Methods of Compliance
In compliance if the district does not reduce expenditures for at least one of the following sources in comparison to the previous fiscal year (same source):Local funds onlyCombination of state and local fundsLocal funds on a per capita basisCombination of state and local funds on a
per capita basis
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Communications Accommodations: IDEA, Title II, Section 504
“Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools” from U.S. Department of Education and Department of Justice
Sets a higher standard than IDEA for communications accommodations
http://www2.ed.gov/about/offices/list/ocr/docs/dcl-faqs-effective-communication-201411.pdf
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Communications Accommodations
Just because you provide FAPE under IDEA and 504 does not mean you are in compliance with Title II regulations
Must give “primary consideration” to the requests of the student (or parent) when determining what is appropriate unless the district can prove that an alternative auxiliary aid or service provides communication that is as effective as that provided to students without disabilities (burden on district)
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Accommodation Requirements Must provide in accessible formats
– Student can access the information Must be provided in a timely manner
– As soon as possible, even if IEP or 504 development has not finished
Must protect the privacy and independence of the student – Sensitive information communicated privately,
and student is given the freedom to access information on his/her own
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InterpretersMust be provided free of charge and
licensedCannot require a family member or
student to interpret for another– Exception: Emergency involving an imminent
threat to the safety or welfare of an individual or the public
– Exception: When the person with a disability requests, an adult may interpret (not a minor)