Bill Summary – FastDemocracy

FIRST REGULAR SESSION
                        HOUSE BILL NO. 1270
                               103RD GENERAL ASSEMBLY


                             INTRODUCED BY REPRESENTATIVE HURLBERT.

     2757H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To repeal section 171.033 as enacted by senate bill no. 727, one hundred second general
            assembly, second regular session, and section 171.033 as enacted by senate bills nos.
            681 & 682, one hundred first general assembly, second regular session, and to enact in
            lieu thereof one new section relating to alternative methods of instruction school days.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

              Section A. Section 171.033 as enacted by senate bill no. 727, one hundred second
 general assembly, second regular session, and section 171.033 as enacted by senate bills nos.
 681 & 682, one hundred first general assembly, second regular session, are repealed and one
 new section enacted in lieu thereof, to be known as section 171.033, to read as follows:
              171.033. 1. "Inclement weather", for purposes of this section, shall be defined as ice,
 snow, extreme cold, excessive heat, flooding, or a tornado.
          2. (1) A district shall be required to make up the first six days of school lost or
 cancelled due to inclement weather and half the number of days lost or cancelled in excess of
 six days if the makeup of the days is necessary to ensure that the district's students will attend
 a minimum school term as provided in section 171.031 except as otherwise provided in this
 section. Schools with a four-day school week may schedule such make-up days on Fridays.
          (2) Notwithstanding subdivision (1) of this subsection, in school year 2019-20 and
 subsequent years, a district shall be required to make up the first thirty-six hours of school lost
 or cancelled due to inclement weather and half the number of hours lost or cancelled in excess
 of thirty-six if the makeup of the hours is necessary to ensure that the district's students attend
 a minimum of one thousand forty-four hours for the school year, except as otherwise provided
 under subsections 3 and 4 of this section.

     EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
     intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HB 1270                                            2

          3. (1) In the 2009-10 school year and subsequent years, a school district may be
 exempt from the requirement to make up days of school lost or cancelled due to inclement
 weather in the school district when the school district has made up the six days required under
 subsection 2 of this section and half the number of additional lost or cancelled days up to
 eight days, resulting in no more than ten total make-up days required by this section.
          (2) In school year 2019-20 and subsequent years, a school district may be exempt
 from the requirement to make up school lost or cancelled due to inclement weather in the
 school district when the school district has made up the thirty-six hours required under
 subsection 2 of this section and half the number of additional lost or cancelled hours up to
 forty-eight, resulting in no more than sixty total make-up hours required by this section.
          4. The commissioner of education may provide, for any school district that cannot
 meet the minimum school calendar requirement as provided in section 171.031, upon request,
 a waiver to be excused from such requirement. This waiver shall be requested from the
 commissioner of education and may be granted if the school was closed due to circumstances
 beyond school district control, including inclement weather or fire.
          5. (1) Except as otherwise provided in this subsection, in school year 2020-21 and
 subsequent years, a district shall not be required to make up any hours of school lost or
 cancelled due to exceptional or emergency circumstances during a school year if the district
 has an alternative methods of instruction plan approved by the department of elementary and
 secondary education for such school year. Exceptional or emergency circumstances shall
 include, but not be limited to, inclement weather, a utility outage, or an outbreak of a
 contagious disease. The department of elementary and secondary education shall not approve
 any such plan unless the district demonstrates that the plan will not negatively impact
 teaching and learning in the district.
          (2) If school is closed due to exceptional or emergency circumstances and the district
 has an approved alternative methods of instruction plan, the district shall notify students and
 parents on each day of the closure whether the alternative methods of instruction plan is to be
 implemented for that day. If the plan is to be implemented on any day of the closure, the
 district shall ensure that each student receives assignments for that day in hard copy form or
 receives instruction through virtual learning or another method of instruction.
          (3) A district with an approved alternative methods of instruction plan shall not use
 alternative methods of instruction as provided for in the plan for more than thirty-six hours
 during a school year. A district that has used such alternative methods of instruction for
 thirty-six hours during a school year shall be required, notwithstanding subsections 2 and 3 of
 this section, to make up any subsequent hours of school lost or cancelled due to exceptional or
 emergency circumstances during such school year.
HB 1270                                            3

         (4) The department of elementary and secondary education shall give districts with
 approved alternative methods of instruction plans credit for the hours in which they use
 alternative methods of instruction by considering such hours as hours in which school was
 actually in session.
         (5) Any district wishing to use alternative methods of instruction under this
 subsection shall submit an application to the department of elementary and secondary
 education. The application shall describe:
         (a) The manner in which the district intends to strengthen and reinforce instructional
 content while supporting student learning outside the classroom environment;
         (b) The process the district intends to use to communicate to students and parents the
 decision to implement alternative methods of instruction on any day of a closure;
         (c) The manner in which the district intends to communicate the purpose and
 expectations for a day in which alternative methods of instruction will be implemented to
 students and parents;
         (d) The assignments and materials to be used within the district for days in which
 alternative methods of instruction will be implemented to effectively facilitate teaching and
 support learning for the benefit of the students;
         (e) The manner in which student attendance will be determined for a day in which
 alternative methods of instruction will be implemented. The method chosen shall be linked to
 completion of lessons and activities;
         (f) The instructional methods, which shall include instruction through electronic
 means and instruction through other means for students who have no access to internet
 services or a computer;
         (g) Instructional plans for students with individualized education programs; and
         (h) The role and responsibility of certified personnel to be available to communicate
 with students.
         6. In the 2022-23 school year and subsequent years, a school district's one-half-day
 education programs shall be subject to the following provisions in proportions appropriate for
 a one-half-day education program, as applicable:
         (1) Requirements in subsection 2 of this section to make up days or hours of school
 lost or cancelled because of inclement weather;
         (2) Exemptions in subsection 3 of this section;
         (3) Waiver provisions in subsection 4 of this section; and
         (4) Approved alternative methods of instruction provisions in subsection 5 of this
 section.
         7. (1) As used in this section, "extracurricular activity or club" means an
 activity or a club outside of a regular class that a student participates in that is
 HB 1270                                              4

 sponsored by the school district including, but not limited to, a club focused on
 academics, arts, or interests, or other organized programs beyond the classroom
 curriculum or through a statewide activities association.
          (2) No school district shall require students or school employees to participate in
 an extracurricular activity or club on a day on which such school district uses an
 alternative method of instruction day approved under this section because of inclement
 weather.
          (3) If a public school violates the provisions of this section, the parent, legal
 guardian, or other person having charge, custody, or control of a student, or the student
 if such student is over eighteen years of age, shall have a cause of action for injunctive or
 other equitable relief as well as payment of reasonable attorney's fees, costs, and legal
 expenses. Such relief and remedies shall not be deemed exclusive and shall be in
 addition to any other relief or remedies permitted by law.
          (4) The state department of elementary and secondary education may
 promulgate all necessary rules and regulations for the administration of this section.
 Any rule or portion of a rule, as that term is defined in section 536.010, that is created
 under the authority delegated in this section shall become effective only if it complies
 with and is subject to all of the provisions of chapter 536 and, if applicable, section
 536.028. This section and chapter 536 are nonseverable and if any of the powers vested
 with the general assembly pursuant to chapter 536 to review, to delay the effective date,
 or to disapprove and annul a rule are subsequently held unconstitutional, then the grant
 of rulemaking authority and any rule proposed or adopted after the effective date of this
 section shall be invalid and void.
               171.033. 1. "Inclement weather", for purposes of this section, shall be defined as ice,
 snow, extreme cold, excessive heat, flooding, or a tornado.
          2. (1) A district shall be required to make up the first six days of school lost or
 cancelled due to inclement weather and half the number of days lost or cancelled in excess of
 six days if the makeup of the days is necessary to ensure that the district's students will attend
 a minimum of one hundred forty-two days and a minimum of one thousand forty-four hours
 for the school year except as otherwise provided in this section. Schools with a four-day
 school week may schedule such make-up days on Fridays.
          (2) Notwithstanding subdivision (1) of this subsection, in school year 2019-20 and
 subsequent years, a district shall be required to make up the first thirty-six hours of school lost
 or cancelled due to inclement weather and half the number of hours lost or cancelled in excess
 of thirty-six if the makeup of the hours is necessary to ensure that the district's students attend
 a minimum of one thousand forty-four hours for the school year, except as otherwise provided
 under subsections 3 and 4 of this section.
HB 1270                                            5

          3. (1) In the 2009-10 school year and subsequent years, a school district may be
 exempt from the requirement to make up days of school lost or cancelled due to inclement
 weather in the school district when the school district has made up the six days required under
 subsection 2 of this section and half the number of additional lost or cancelled days up to
 eight days, resulting in no more than ten total make-up days required by this section.
          (2) In school year 2019-20 and subsequent years, a school district may be exempt
 from the requirement to make up school lost or cancelled due to inclement weather in the
 school district when the school district has made up the thirty-six hours required under
 subsection 2 of this section and half the number of additional lost or cancelled hours up to
 forty-eight, resulting in no more than sixty total make-up hours required by this section.
          4. The commissioner of education may provide, for any school district that cannot
 meet the minimum school calendar requirement of at least one hundred seventy-four days for
 schools with a five-day school week or one hundred forty-two days for schools with a four-
 day school week and one thousand forty-four hours of actual pupil attendance or, in school
 year 2019-20 and subsequent years, one thousand forty-four hours of actual pupil attendance,
 upon request, a waiver to be excused from such requirement. This waiver shall be requested
 from the commissioner of education and may be granted if the school was closed due to
 circumstances beyond school district control, including inclement weather or fire.
          5. (1) Except as otherwise provided in this subsection, in school year 2020-21 and
 subsequent years, a district shall not be required to make up any hours of school lost or
 cancelled due to exceptional or emergency circumstances during a school year if the district
 has an alternative methods of instruction plan approved by the department of elementary and
 secondary education for such school year. Exceptional or emergency circumstances shall
 include, but not be limited to, inclement weather, a utility outage, or an outbreak of a
 contagious disease. The department of elementary and secondary education shall not approve
 any such plan unless the district demonstrates that the plan will not negatively impact
 teaching and learning in the district.
          (2) If school is closed due to exceptional or emergency circumstances and the district
 has an approved alternative methods of instruction plan, the district shall notify students and
 parents on each day of the closure whether the alternative methods of instruction plan is to be
 implemented for that day. If the plan is to be implemented on any day of the closure, the
 district shall ensure that each student receives assignments for that day in hard copy form or
 receives instruction through virtual learning or another method of instruction.
          (3) A district with an approved alternative methods of instruction plan shall not use
 alternative methods of instruction as provided for in the plan for more than thirty-six hours
 during a school year. A district that has used such alternative methods of instruction for
 thirty-six hours during a school year shall be required, notwithstanding subsections 2 and 3 of
HB 1270                                            6

 this section, to make up any subsequent hours of school lost or cancelled due to exceptional or
 emergency circumstances during such school year.
         (4) The department of elementary and secondary education shall give districts with
 approved alternative methods of instruction plans credit for the hours in which they use
 alternative methods of instruction by considering such hours as hours in which school was
 actually in session.
         (5) Any district wishing to use alternative methods of instruction under this
 subsection shall submit an application to the department of elementary and secondary
 education. The application shall describe:
         (a) The manner in which the district intends to strengthen and reinforce instructional
 content while supporting student learning outside the classroom environment;
         (b) The process the district intends to use to communicate to students and parents the
 decision to implement alternative methods of instruction on any day of a closure;
         (c) The manner in which the district intends to communicate the purpose and
 expectations for a day in which alternative methods of instruction will be implemented to
 students and parents;
         (d) The assignments and materials to be used within the district for days in which
 alternative methods of instruction will be implemented to effectively facilitate teaching and
 support learning for the benefit of the students;
         (e) The manner in which student attendance will be determined for a day in which
 alternative methods of instruction will be implemented. The method chosen shall be linked to
 completion of lessons and activities;
         (f) The instructional methods, which shall include instruction through electronic
 means and instruction through other means for students who have no access to internet
 services or a computer;
         (g) Instructional plans for students with individualized education programs; and
         (h) The role and responsibility of certified personnel to be available to communicate
 with students.
         6. In the 2022-23 school year and subsequent years, a school district's one-half-day
 education programs shall be subject to the following provisions in proportions appropriate for
 a one-half-day education program, as applicable:
         (1) Requirements in subsection 2 of this section to make up days or hours of school
 lost or cancelled because of inclement weather;
         (2) Exemptions in subsection 3 of this section;
         (3) Waiver provisions in subsection 4 of this section; and
         (4) Approved alternative methods of instruction provisions in subsection 5 of this
 section.
 HB 1270                                           7

         7. (1) As used in this section, "extracurricular activity or club" means an
 activity or a club outside of a regular class that a student participates in that is
 sponsored by the school district including, but not limited to, a club focused on
 academics, arts, or interests, or other organized programs beyond the classroom
 curriculum or through a statewide activities association.
         (2) No school district shall require students or school employees to participate in
 an extracurricular activity or club on a day on which such school district uses an
 alternative method of instruction day approved under this section because of inclement
 weather.
         (3) If a public school violates the provisions of this section, the parent, legal
 guardian, or other person having charge, custody, or control of a student, or the student
 if such student is over eighteen years of age, shall have a cause of action for injunctive or
 other equitable relief as well as payment of reasonable attorney's fees, costs, and legal
 expenses. Such relief and remedies shall not be deemed exclusive and shall be